P. SARASWATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision arises against the order of learned Judicial Magistrate V, Coimbatore, passed in C.M.P.No.147 of 2017 in S.T.C.No.3817 of 2016 on 10.02017.

(2.) Pursuant to registration of a case in Crime No.492 of 2016 on the file of respondent for offences under section 3(1) r/w 4(2)(c) of the Act altered to 4(2)(c) of the Immoral Traffic (Prevention) Act, 1956, (hereinafter referred to as 'Act'), second petitioner (hereinafter referred to as 'victim') has been placed in the custody of Government Mahalir Home, Sanganur Road, Ganapathy, Coimbatore. Charge sheet has been filed against three accused informing commission of offence under section 4(2)(c) of the Act. The case was put up for trial in S.T.C.No.3817 of 2016 on the file of learned Judicial Magistrate V, Coimbatore. First petitioner/mother of the victim filed C.M.P.No.147 of 2017 seeking custody of her daughter, the victim. The petition was moved on 09.01.2017. Court below having called for a report from the Probation Officer on 07.11.2016 and being in receipt of the said report dated 03.01.2017, has dismissed the petition on 10.01.2017 informing reasons why it found it not proper to place the victim in the custody of first petitioner 'at this stage'. This revision is preferred against such order.

(3.) Heard learned counsel for petitioners and learned Government Advocate [Crl.side].