Abhik Bose v. State & ANR.

I, lie Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3540/2016 ABHIK BOSE Petitioner Through Ms.Namita Roy, Adv.

versus STAT.E & ANR.

Respondents Through Mr.Tushar Sannu, Adv. for Mr.Rahul Mehra, standing counsel (Cr1.) for State along with Inspector Mukesh Kumar and SI N. Ram, P.S.

Dwarka South.

Mr.S.N. Gupta, Adv. with Ms.KhUshali, Adv. for R-2 along with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL % 24.03.2017 Counter affidavit has been filed. Counsel for the petitioner submits that the petitioner would not press this petition subject to the condition that for a period of two months, the petitioner as and when he visits India be allowed to meet the child in the presence of his mother for one hour and during this period if so advised petitioner would approach the competent court of jurisdiction and seek appropriate remedy. She further submits that the averments made in the counter affidavit are patently false and are denied by her.

Mr.Gupta, learned counsel for the respondents No.2 on instructions from respondent No.2 who is present in Court, submits that without prejudice to her rights and contentions in case the petitioner or his mother

In -7 informs her in advance, she would not object to their meeting the child for one hour in her presence at Dehradun where she is residing. Such meeting would be permitted not more than four times in two months from today. We dispose of this writ petition with the above agreed directions. We make it clear that as and when either of the parties approaches the Family Court, the Family Court would decide the matter unaffected by the observations made by this court today.

/ The petition is disposed of.

G.S.SISTANI, J.

VINOD GOEL, J.

MARCH 249 2017/jitender 1~