Imran Ramzan Sheikh S/O. Ramzan Nazir Sheikh And Another. v. State Of Mah. Thr. Its Secretary Dept. Of Home Mantralaya, Mumbai And Others

1 16.cri.wp.783.2023

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.783 OF 2023 Imran Ramzan Sheikh s/o Ramzan Nazir Sheikh and anr. ..vs..

State of Maharashtra and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Smt S.P. Giratkar, Advocate for the petitioners. Ms. Haider, Addl.P.P. for the State.

Shri M. Shareet and Shri Aadil J. Mirza, Advocate for respondent nos. 4 and 5.

CORAM :

VINAY JOSHI AND M.W.CHANDWANI , J J.

DATED :

08/11/2023.

The reply is filed in the Court and the same is taken on record.

2.

Heard.

3.

The petitioners who are the biological parents of the minor child aged 3 years have sought a writ of Habeas Corpus alleging that the minor has been detained in the wrongful custody of respondent nos. 4 and 5. 4.

Admittedly, under an Agreement dated 16.11.2020, the minor has been handed over in the custody of respondent nos. 4 and 5 for grooming the child. Undisputedly, respondent no.5 is the real sister of biological mother i.e. petitioner no.2. The parties are governed under the Muslim Law.

5.

It is brought to our notice that the petitioners have also applied to the Magistrate for issuance of search warrant under Section 97 of the Code of Criminal Procedure where they failed. The said order was not challenged. Respondent nos. 4 and 5 have applied to the

2 16.cri.wp.783.2023 Competent Court under Section 7 of the Guardians and Wards Act seeking the guardianship of the minor. In said petition, also present petitioners have appeared and filed certain applications.

6.

Undisputedly, the minor is attending School and continuously staying in the company of respondent nos. 4 and 5 from last three years. In the circumstance, the custody of respondent nos. 4 and 5 cannot be termed as an illegal detention to invoke the prerogative writ of Habeas Corpus of this Court.

7.

In view of the above, we are not inclined to exercise our discretion in favour of the petitioners to issue a writ. The petitioners may resort the remedies available under the law to seek the custody of the minor. 8.

The Petition stands disposed of. No costs.

(M.W.CHANDWANI, J.) (VINAY JOSHI, J.) Trupti