Roshini Shaikh, Sister v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.28104 of 2019 Roshini Shaikh

...Petitioner

Vs.

1. The Inspector of Police, Anti Vice Squad-1, Chennai.

2. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai.

3. The Superintendent, Government Home for Women, Mylapore, Chennai - 600004.

4. Reshma Shaikh

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Reshma Shaikh and in pursuance direct the IV Metropolitan Magistrate at Sadiapet to dispose the C.M.P.No.343 of 2019 in Crime No.26 of 2019 as expeditiously.

For Petitioner : Mr.S.Sarath Chandran For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1 to R3

O R D E R

This petition has been filed by the sister 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.26 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 sister of the 4th respondent, namely Reshma Shaikh, who was produced before the learned IV Metropolitan Magistrate at 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.26 of 2019 before the Court below, seeking for the release of the petitioner's sister 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. The learned counsel for the petitioner brought to the notice of this Court the earlier orders passed by this Court in Crl.O.P.No.30712 of 2018, Crl.O.P.No.29428 of 2018 and Crl.O.P.No.25433 of 2019, wherein this Court has dealt with an issue of similar nature.

5. Taking into consideration 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 sister, 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 learned IV Metropolitan Magistrate at Saidapet, Chennai, once in a week on Monday at 10.30 a.m., till the P.O. report is submitted before the Court.

6. This Criminal Original Petition stands disposed of, with the above directions.

hvk/jas Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The IV Metropolitan Magistrate, Saidapet, Chennai.

2. -Do- Thro' The Chief Judicial Magistrate Egmore, Chennai

3. The Inspector of Police, Anti Vice Squad-1, Chennai.

4. The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai.

5. The Superintendent, Government Home for Women, Mylapore, Chennai - 600004.

6. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Sarath Chandran, Advocate, SR.No.87878 Crl.O.P.No.28104 of 2019 Kak(21/10/2019)