Vasantha Kumar v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2019
CORAM:
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.33520 of 2019 Vasantha Kumar ..Petitioner/Brother of the Victim Vs.
1. State Rep by its Inspector of Police, Anti Vice Squad-II, Chennai.
(Cr.No.67 of 2019)
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. Nithya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the second respondent to file a report pertaining to the detention of the detenue by name Nithya D/o.Magi aged about 22 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet, to dispose of the Crl.MP.No.not known of 2019 in Cr.No.67 of 2019 on the file of the first respondent as expeditiously.
For Petitioner : Mr.V.Bhagyaraj For Respondents : Mr.Mohamed Riyaz Additional Public Prosecutor for R1 to R3
ORDER
This petition has been filed by the petitioner to direct the second respondent to file a report pertaining to the detention of the detenue by name Nithya D/o.Magi aged about 22 years and to direct the learned IV Metropolitan Magistrate, Saidapet, to dispose of the Crl.MP.No.not known of 2019 in Cr.No.67 of 2019 on the file of the first respondent as expeditiously. 1/2 https://hcservices.ecourts.gov.in/hcservices/
2.
The learned counsel for the petitioner has submitted that the victim girl viz., Nithya, major aged about 22 years working as a receptionist in a beauty parlour and Spa situated at near Adayar, Chennai.
He further submitted that on 18.11.2019, the first respondent police have searched in the said beauty parlour and Spa and register the case against the employer of the victim girl in Cr.No.67 of 2019 under Section 3 (2)(a), 4(1), 5(1)(a) of Immoral Traffic Prevention Act and rescued the said victim girl from the spot, thereafter he was produced before the IV Metropolitan Magistrate, Saidapet and as per the order of the said Magistrate, the victim girl is now detained in a home. He further submitted that already the petitioner has filed a petition seeking custody in which a report was called for from the second respondent, but so far, he has not submitted his report and hence, the learned Magistrate is keeping the said petition.
3. Considering the aforesaid submissions, the second respondent is directed to file his report within a week from the date of receipt of a copy of this order and thereafter the IV Metropolitan Magistrate has to dispose of the aforesaid custody petition within two days.
4. With the aforesaid directions, this Criminal Original petition is disposed of.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To
1. 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. The IV Metropolitan Magistrate, Saidapet, Chennai.
5. The Public Prosecutor, Madras High Court, Chennai. +1 cc to M/s.V.Bhagyaraj,Advocate Sr.No. 103532 AKM/21.01.2020/2P-7C / Crl.O.P.No.33520 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/