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Bombay High CourtWP/1298/2023disposed off

Savita Gorakh Salunke/Salave @ Maina Sandip Chitalkar And Anohter v. The State Of Maharashtra And Others

2023-10-30Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Kishore C. Sant2 pages

136wp1298.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 136 CRIMINAL WRIT PETITION NO.1298 OF 2023 SAVITA GORAKH SALUNKE/SALAVE @ MAINA SANDIP CHITALKARAND ANOHTER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr.Bhosale Mahesh Kalidas APP for Respondents/State : Mr.M.M.Nerlikar Advocate for Respondent No. 4 : Mr.Gholap Ajit Manohar ...

CORAM : R. G. AVACHAT & KISHORE C. SANT, JJ.

DATE : 30.10.2023.

PER COURT :

1.

This petition has been filed for production of a male child, of which the petitioner claims to be the mother. 2.

The Manager of the Institution is present before us along with the entire record.

3.

The learned Advocate for the petitioner suggested the name of the grandmother of the child as Janabai Sandu Pawale, who had given the custody of the child.

4.

The concerned register is placed before us. It is evident that it is Janabai, who had handed over the male child

136wp1298.23 to the Child Welfare Committee, which, thereafter, handed over it to respondent No. 4. Our attention has been invited to the documents filed on record indicating that the said child was suffering from malnutrition and thereby, died within 15 days. In view of the same, the child cannot be handed over to its grand mother or the petitioner. The petition therefore stands disposed of.

( KISHORE C. SANT ) ( R. G. AVACHAT ) JUDGE JUDGE mahajansb/