Arifa Kabirul Shaikh v. The State Of Maharashtra

55-cr-wp-1242-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2022.06.30 17:26:21 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1242 OF 2022 Mrs. Arifa K. Shaikh ... Petitioner V/s.

The State of Maharashtra and ors.

... Respondents ---------------- None for the Petitioner.

Mrs. S.D. Shinde, APP for the Respondent - State. Mr. Makarand Kale for Respondent Nos. 3 and 4. ----------------

CORAM

:

NITIN JAMDAR & N.R. BORKAR, JJ.

DATE :

28 JUNE 2022.

P.C.

.

Mr Makarand Kale, learned Advocate undertakes to file Vakalatnama on behalf of the Respondent Nos.3 and 4 within a period of one week.

2.

This petition is filed for seeking a writ of Habeas Corpus in respect of minor child Muskan, by the Petitioner - mother of the child. The Petitioner has stated that the child was taken away by the husband/Respondent No.3 and brother -in-law /Respondent 4 of the Petitioner to their native place in West Bengal. Dinesh Sherla 1/2

55-cr-wp-1242-22.doc 3.

The learned Counsel for the Respondent Nos.3 and 4 states that the custody of the child has been handed over to the Petitioner. 4.

The learned APP, on instructions from PSI Barkade attached to Nehru Nagar Police Station, states that the Petitioner attended the Kurla (West) Police Station on 16 June 2022 and informed to Women Police Sub Inspector Ms Nutan Patil that child Muskan is now with the Petitioner. Perhaps that is the reason, none appears for the Petitioner having lost interest in prosecuting this petition. 5.

Accepting the statement made by the learned APP on instructions and the learned Counsel for Respondent Nos.3 and 4, we dispose of the petition.

(N.R. BORKAR, J.) (NITIN JAMDAR, J.) Dinesh Sherla 2/2