Allowed

B.Reyana v. State Rep.by

Madras HC12 Mar 2021CRL OP/5025/2021

Case brief

AI extract

What is this about?

a daughter (petitioner) filed a Criminal Original Petition under Section 482 CrPC seeking immediate release of her detained mother. The Court directed the Government Home for Women to release the detenue upon production of relationship proof and ordered her to report to the Magistrate weekly until the Police Report is filed.

What did the court decide?

Direction to the 3rd respondent to immediately release the 4th respondent upon production of proof of relationship, with condition to report to the Magistrate weekly pending the Police Report.

B.Reyana Vs State Rep.by — Madras HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.03.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

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Crl.O.P.No.5025 of 2021 and Crl.M.P.No.3208 of 2021

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B.Reyana ... Petitioner
Vs.
1. State Represented by its
The Inspector of Police,
S-13, Chromepet Police Station,
Chromepet, 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 600 004.
4. Dhowlath @ Jagadeeswari ... Respondents

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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 Dhowlath @ Jagadeeswari and in pursuance direct the learned Judicial Magistrate-I, Tambaram, Chennai to dispose the Crl.MP.No. Not Known of 2021 in Crime No.49 of 2021 on the file of 1 st respondent as expeditiously.

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For Petitioner : Mr.L.Saravanan
For R1 to R3 : Mr.M.Mohammed Riyaz
Additional Public Prosecutor
O R D E R

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This petition has been filed by the daughter of the detenue seeking for release of the detenue, who is now detained before the 3 rd respondent Government Home for Woman.

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https://hcservices.ecourts.gov.in/hcservices/

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2 The first respondent registered an FIR in Crime No.49 of 2021 for the offences under Sections 3(2)(a), 4(1) and 5(1) (a) of Immoral Traffic Prevention Act, 1956. The petitioner is the daughter of the fourth respondent. The petitioner's mother namely Dhowlath @ Jagadeeswari was produced before the Judicial Magistrate-I, Tambaram, Chennai showing her as a victim and she was detained in the home on 26.02.2021.

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3 The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.Not Known of 2021 before the Court below seeking for the release of the petitioner's mother 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.

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4 The learned counsel for the petitioner brought to the notice of this Court the earlier order passed by this Court in Crl.O.P.No.29421 of 2019, Crl OP No.2525 of 2019, Crl OP No.8202 of 2019 and Crl OP No.8733 of 2019, wherein this Court has dealt with an issue of similar nature.

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5 Taking into consideration the earlier order passed by this Court and also the facts and circumstances of this case, this Court is inclined to direct the 3^rd respondent to immediately release the 4^th respondent from the Government Home for Women, Mylapore. The petitioner before taking her mother namely the 4^th respondent from the home, shall produce necessary evidence to show her relationship with the 4^th respondent. The 4^th respondent on being released from the home, shall stay at Chennai and report before the learned Judicial Magistrate-I, Tambaram, Chennai, once in a week on Monday at 10.30 a.m., till the P.O report is submitted before the Court.

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6 This Criminal Original Petition is disposed of, with the above direction. Consequently, the connected miscellaneous petition is also closed.

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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ssr

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To
1 .The Judicial Magistrate No.I,
Tambaram.
2 .The Chief Judicial Magistrate,
Kancheepuram.
3. The Inspector of Police,
S-13, Chromepet Police Station,
Chromepet, 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 600 004.
6.The Public Prosecutor,
High Court of Madras,Chennai.
+1 cc to M/s.L.Saravanan, Advocate Sr.No. 15994
Crl.O.P.No.5025 of 2021
and Crl.M.P.No.3208 of 2021
GJ(CO)
RMP(12/03/2021)

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https://hcservices.ecourts.gov.in/hcservices/

B.Reyana v. State Rep.by

Case brief

What is this about?

What did the court decide?

B.Reyana v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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