Madras High CourtCRL OP/885/2016disposed of

Rakha Das v. State Of Tamil Nadu

2016-01-25Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.885 of 2016 Rakha Das ... Petitioner Vs State of Tamilnadu rep. by the Inspector of Police, B-6 Peelamedu Police Station, Coimbatore.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate-VI, Coimbatore to number the petition in C.M.P.SR.No.15051 of 2015 in Cr.No.761 of 2015 on the file of the respondent police and pass orders on merits.

For Petitioner : Mr.G.Shanmugam For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the Judicial Magistrate-VI, Coimbatore to number the petition in C.M.P.SR.No.15051 of 2015 in Cr.No.761 of 2015 on the file of the respondent police and pass orders on merits.

2. In the petition, it is stated that the petitioner's cousin sister is a victim in FIR No.761/2015 on the file of the respondent police for the offence under sections 4(2) (c) and 5(1)(b)(c) of Immoral Traffic (Prevention) Act, 1956. The victim is alleged to have carrying on prostitution but she was falsely brought into the case. The victim is a native of West Bengal. Her father and mother passed away long back. The victim's husband had deserted her. The victim's cousin sister has filed a petition before the learned Judicial Magistrate-VI, Coimbatore, to hand over the victim women to petitioner but https://hcservices.ecourts.gov.in/hcservices/

the said petition is pending without being numbered for long time. Hence, the petitioner has come forward with the present petition.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. Learned counsel for the petitioner submitted that the victim is kept in Home for more than 55 days and for no fault of her, she is constrained in Home. Hence, the petitioner seeks for a direction to the learned Judicial Magistrate-VI, Coimbatore, to number the petition in CMP.SR.No.15051/2015.

5. Considering the submissions made, this Court directs the learned Judicial Magistrate VI to number the CMP.SR.No.15051 of 2015 and dispose it of on merits and in accordance with law within a period of one month from the date of receipt of a copy of this order.

6. The criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vsi To

1. The Judicial Magistrate-VI, Coimbatore.

2.The Inspector of Police, B6 Peelamedu Police Station, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.G. Shanmugam, Advocate, Sr. 4432 Crl.O.P.No.885 of 2016 VSN (CO) kk 8/2 https://hcservices.ecourts.gov.in/hcservices/