Farhana Abdulgani Lambe v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3434 OF 2016 Farhana Abdulgani Lambe .. Petitioner Vs.

State of Maharashtra and ors.

.. Respondents Mr. Kishor Patil i/by Aarti P. Bhide for petitioner. Mrs. A. S. Pai, APP for State.

CORAM: NARESH H. PATIL & PRAKASH D. NAIK, JJ.

OCTOBER 10, 2016.

P.C.

1.

We have heard the learned counsel for the petitioner and respondents. Learned counsel appearing for the respondent no.5 submits that the respondent no.5, along with child - Suleiman, is present in the court. Learned counsel for respondent no.5 submits that after hearing the son calling him as "Papa Papa", respondent no.5 stopped his car and took the child with him. Thereafter he left Navi Mumbai for Patna. It is submitted that at present respondent no.5 is in Navi Mumbai but he got the child admitted in a school in Patna. Learned counsel for respondent no. 5 tendered reply on behalf of respondent no.5, which is taken on record.

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Learned counsel for the petitioner submits that the parties would appear before the trial court on 18/10/2016. 3.

We direct respondent no.5 not to take the child to Patna and that the child shall be produced before the trial court in Mumbai. 4.

Prima facie we notice that the way the child was taken away by respondent no.5 was not desirable. However, we are not expressing any conclusive opinion on the same. Trial court shall look into all relevant issues based in the facts and evidence produced by the parties. 5.

Petition is disposed of.

6.

Registry to communicate the order to trial court forthwith. (PRAKASH D. NAIK, J.) (NARESH H. PATIL,J.)