THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 1863 of 2009 Date: 09-11-2009 Between: Vadlamudi Durga, W/o. Nageswara Rao, Aged 21 Years, Coolie, R/o.Vangavari Street, Paidiparru Village, Tanuku Mandal, West Godavari District. - - - Petitioner And The State – Sub Inspector of Police, Tanuku Rural Polie Station, Rep. by its Public prosecutor, High Court of A.P., Hyderabad. - - - Respondent. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.1863 OF 2009 ORDER: This Revision has been filed challenging the order dated 09-02-2009 passed in Crime No.4 of 2009 on the file of the II Additional Judicial Magistrate of I Class, Tanuku, West Godavari Distrct. The brief facts of the case are as follows : The Sub-Inspector of Police, Tanuku Rural Police Station, along with the staff raided the house of one Reddy Lakshmi at Door No.7-138, Pidimala Village, Tanuku Mandal, West Godavari District on 12-08-2009 at about 11-00 a.m. The police found four ladies and three gents in the house. The petitioner is one of the women found along with those ladies. The police recorded the statements of the ladies and registered case in Crime No.4 of 2009 under Sections 3, 4, 5, 6, 7 and 8 of Immoral Traffic (Prevention) Act, 1956 (‘the act’ for brevity). The petitioner, along with other victims was produced before the learned II Additional Judicial Magistrate of I Class, Tanuku, West Godavari District. The learned Magistrate, by impugned order dated 09-02-2009 has sent the petitioner along with other victims to protective home under Section 19 of the Act. Challenging the said order, this Revision is filed. One Mrs. Vadlamudi Lakshmi, claiming to be the mother of the petitioner, filed an affidavit that she would look after the welfare of her daughter and would also see that she would not commit any similar offence in future. The learned Magistrate passed orders in Crl.M.P. No.242 of 2009 refusing to release the petitioner on the ground that she is involved in several cases and whenever released on bail, she is resorting to similar activities. Learned counsel for the petitioner submitted that Section 17 of the Act prescribed the procedure to be followed before placing persons rescued under Section 16 of the Act to parents or guardian. Admittedly the petitioner has not filed any application under Section 17 of the Act. Section 17-A is as follows : 17-A. Conditions to be observed before placing persons rescued under Section 16 to parents or guardians – Notwithstanding anything contained in sub-section (2) of Section 17, the Magistrate making an inquiry under Section 17 may, before passing an order for handing over any person rescued under Section 16 to the parents, guardian or husband, satisfy himself about the capacity or genuineness of the parents, guardian or husband to keep such person by causing an investigation to be made by a recognized welfare institution or organization. As seen from the contents of the impugned order, the lower Court seems to have not made any enquiry as required to be done under Section 17-A of the Act. In view of the same, the impugned order is set aside. The matter is remitted back to the lower Court for holding enquiry as required under Section 17-A of the Act. Pending disposal of such enquiry, the petitioner shall be enlarged on bail on her executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of I Class, Tanuku, West Godavari District. Accordingly, the Criminal Revision Case is disposed of at the stage of admission itself. ____________________ B. CHANDRA KUMAR, J Date: 09-11-2009. DSH