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Bombay High CourtWP/2688/2017others disposed off

Suresh Khemnath Jogi v. Senior Inspector Of Police And ORS

2017-07-19Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Ranjit More.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2688 OF 2017 Suresh Khemath Jogi.

..Petitioner.

Versus

Senior Inspector of police and Others.

..Respondents.

Mr. P. M. Patil for the Petitioner.

Ms. S. D. Shinde, APP for the State.

Coram : RANJIT MORE & SARANG V. KOTWAL, JJ.

Date : July 19, 2017.

P. C. :

1.

Heard the learned Counsel appearing for the Petitioner and the learned APP for the State. The petition is filed seeking writ of habeas corpus, directing Respondent Nos.1 and 2 to produce the Petitioner's daughter-Pooja, who is allegedly to have been kidnapped by Respondent No. 4.

2.

The petition was placed for orders on 13th July 2017. On that day, at the request of the learned APP, in order to enable the police to trace the missing girl, we adjourned the petition to 19th July 2017 and directed the Investigating Officer to file a detailed report. 3.

At the instance of the Petitioner, Dahisar Police Station 1 / 3

has registered an FIR bearing CR. No. 267 of 2017 against an unknown person for the offence punishable under section 363 of IPC. 4.

In pursuance to the order dated 13th July 2017, a team of Dahisar Police Station went to Bhilwada in Rajsthan and traced Respondent No.4 as well as the Petitioner's daughter - Pooja, who is alleged to be 14 years old. Dahisar police accordingly yesterday arrested Respondent No.4 and brought the Petitioner's daughter - Pooja to Mumibai. Police kept the Petitioner's daughter - Pooja at Bal Sudhar Griha, Umarkhadi.

5.

Today, Dahisar police produced the Petitioner's daughter - Pooja before this Court. We had an interaction with her as well as with the Petitioner who is personally present in the Court. The Petitioner's daughter - Pooja stated that she has no grievance against the Petitioner and she is ready and willing to go to her father - Petitioner. The Petitioner also stated that he has no grievance against his daughter - Pooja and he will give love and affection to her and will maintain her properly.

6.

In the light of above since the Petitioner's daughter - 2 / 3

Pooja is produced before this Court, writ petition for habeas corpus is worked out. We direct Dahisar Police Station to take the Petitioner's daughter - Pooja to Bal Sudhar Griha, Umarkhadi. Thereafter, the Petitioner is at liberty to take the custody of his daughter - Pooja from Bal Sudhar Griha, Umarkhadi.

7.

Petition is disposed of.

[SARANG V. KOTWAL, J.] [RANJIT MORE, J.] 3 / 3