Shamsul Alam Shaikh v. State Of Maharashtra And ANR.

1. WP 3636-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3636 OF 2023 Shamsul Alam Shaikh

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Ms. Shabi Fatima a/w Zeeshan Khan i/b S.K.Ali for the Petitioner. Mrs. P.P.Shinde, A.P.P for the Respondent-State. PSI Ms. Rupali Sanap & H.C.699 - Mr. Palkar from Chembur Police Station, present.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 28 th NOVEMBER, 2023 (IN CHAMBERS) P.C. :

1.

By this petition, the petitioner seeks a Writ of Habeas Corpus, to produce his daughter before this Court. According to the petitioner, his daughter aged 17 years 4 months has been illegally detained by the respondent No.3, who is also stated to be about 22-23 years of age.

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1. WP 3636-2023.doc 2.

Pursuant to our order dated 2nd November, 2023, the Police of the Chembur Police Station, Mumbai, have produced the petitioner's daughter before us in Chambers. We interacted with the petitioner's daughter aged 17 years 4 months in the presence of the learned APP. She disclosed to us that she on her own volition had gone with the respondent No.3 and that she was not illegally detained by the respondent No.3. When asked, whether she would like to stay with her parents or at Ashasadan, she stated that having regard to the medical condition of her mother, she would like to stay with the petitioner i.e. her father and her mother.

3.

As the petitioner's daughter has expressed her desire to go with her father, she is permitted to accompany the petitioner. 4.

Considering what is stated aforesaid, nothing survives for further consideration in the aforesaid petition. 5.

The petition stands disposed of.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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