Uma Baskar v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26953 of 2019 Uma Baskar ... Petitioner Vs.
1.State Represented by its The Inspector of Police, Anti Vice Squad - II, Chennai.
2.The Chief Probation Officer The Office of Chief Probation Office, CMDA Tower - II, 2nd Floor, Egmore, Chennai.
3.The Superintendent, Government Home for Women, Mylapore, Chennai 600 004.
4.Divyadharshini ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Divyadharshini D/o Baskar aged about 18 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet to dispose of the Crl.M.P.No.Not Known of 2019 in Crime No.49 of 2019 as expeditiously.
For Petitioner : Mr.V.Bhagyaraj For Respondents: Ms.V.Satatha Devi (for R1 to R3) Government Advocate
O R D E R
This petition has been filed by the mother of the detenue seeking for release of the detenue, who is now detained before the 3rd respondent Government Home for Woman.
2. The 1st respondent registered an FIR in Crime No.49 of 2019 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the mother of the 4th respondent, namely Divyadharshini, who was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home.
3. The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.Not Known of 2019 before the Court below, seeking for the release of the petitioner's daughter and the same is kept pending on the ground that the P.O. report is yet to be filed before the Court. Aggrieved by the same, the present petition has been filed before this Court.
4. Taking into consideration the earlier orders passed by this Court in Crl.O.P.No.27063 of 2018 and Crl.O.P.No.26714 of 2018, wherein this Court has dealt with an issue of similar nature and also the facts and circumstances of this case, this Court is inclined to direct the 3rd respondent to immediately release the 4th respondent from the Government Home for Women, Mylapore. The petitioner, before taking her daughter, namely the 4th respondent from the home, shall produce necessary evidence to show her relationship with the 4th respondent. The 4th respondent, on being released from the home, shall stay at Chennai and report before the IV Metropolitan Magistrate, Saidapet, once in a week on Monday at 10.30 a.m., till the P.O. report is submitted before the Court.
5. This Criminal Original Petition is disposed of, with the above directions.
Sd/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar
To 1.The IV Metropolitan Magistrate, Saidapet.
2.The Inspector of Police, Anti Vice Squad - II, Chennai.
3.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower - II, 2nd Floor, Egmore, Chennai.
4.The Superintendent, Government Home for Women, Mylapore, Chennai 600 004.
5. The Additional Public Prosecutor, High Court of Madras.
+1 cc to Mr.V.Bhagyaraj Advocate sr84959 Crl.O.P.No.26953 of 2019 rji(co) aa04/10/2019