Alina Sameer Shaikh And ANR. v. The State Of Maharashtra And ORS.

2023:BHC-AS:26854-DB Patil-SR 4503-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4503 OF 2018 Alina Sameer Shaikh & Another

...Petitioners.

V/s.

The State of Maharashtra

...Respondent.

Mr. Apoorv Singh for the Petitioners.

Mr. S.S. Hulke, APP for the Respondent-State. CORAM :A.S. GADKARI & SHARMILA U. DESHMUKH, JJ.

DATE :11th September, 2023.

P. C. :

1.

As the police have already submitted charge-sheet, learned Advocate for the Petitioners on instructions seeks leave to withdraw petition with liberty to file an application for discharge before the trial Court.

Leave and liberty granted.

2.

Disposed off as withdrawn as far as prayer clauses (a) and (b) are concerned.

3.

As far as prayer clause (c) is concerned, it is the grievance of Petitioner No.1 that, in furtherance of Orders passed by the Sessions 1/ 2

Patil-SR 4503-18.doc Court in her anticipatory bail application, she was directed to attend the concerned Police Station on stipulated dates. That, Petitioner No. 1 was carrying 8 months pregnancy at the relevant time. That, Petitioner No.1 was made to sit in the Police Station for unreasonable time, which ultimately led to her miscarriage. In this background, the Petitioners are seeking direction to conduct inquiry against Respondent Nos.3 to 7. 4.

Petitioner is having alternate remedy before the State Police Complaints Authority established under Section 22P of the Maharashtra Police Act.

4.1 Petitioner is granted leave and liberty to prosecute his complaint before the said Authority.

5.

As far as prayer clause (d) is concerned, Petitioners are at liberty to file an appropriate application before the trial Court for defreezing of their bank accounts. 6.

Petition is disposed off in the aforesaid terms. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 2/ 2