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Bombay High CourtWP/3787/2015others disposed off

Jaserbee Habib Shaikh v. The State Of Maharashtra And ORS

2016-01-15Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice Ranjit More.2 pages

923-wp-3787.2015 hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3787 OF 2015 Jaserbee Habib Shaikh ..Petitioner.

V/s.

State of Maharashtra and Ors.

...Respondents

Mr. Prakash Patange along with Mr. Sushil Shukla for the petitioner. Mrs. M.M. Deshmukh, APP for respondent-State. CORAM : RANJIT MORE AND V.L.ACHLIYA, JJ.

DATED : 15th JANUARY, 2016 P.C. :- 1.

Heard the leaned counsel for the petitioner and the learned APP for the State. Ms. Sharada Taklreja, Chair Person, CWC, Mumbai Suburban is also present along with petitioner, her husband and the victim girl.

2.

Last time we have interacted with the victim girl and her parents. Today we have interacted with the Chair Person, CWC and the victim girl. The Chair Person of CWC states that she has no objection to give the custody of the victim girl to her parents. She however stated that looking into the background of the case, the victim girl should be supervised by the District C. P. Unit (DCP Unit) and she stated that the counseling of the victim girl is also necessary in collaboration with the NGOs and such facilities are 1/2

923-wp-3787.2015 available with CWC. In the above circumstances, we pass the following order :

(1) We direct the Kondhwa Police Station to hand over custody of the victim girl Sana to her parents. (2) The DCP Unit in ICRS shall supervise the activities of the victim girl Sana as well as her parents and submit periodical report to the CWC.

(3) The victim girl Sana is directed to approach the CWC, Mumbai Suburban for counseling once in fortnight for the period of six months and undergo the counseling sessions as recommended by the Chair Person of CWC with collaboration with NGOs. (4) If the CWC finds that the victim girl does not follow the conditions or she has again indulged in the illegal activities, the same shall be reported to the Registrar (Judicial), High Court, Mumbai.

Subject to above, petition is dismissed.

(V.L.ACHLIYA, J.) (RANJIT MORE, J.) 2/2