Ayesha Aejaz Ahmed @Khushboo Gordhanbhai Modi v. The State Of Maharashtra And ANR

by SHAGUFTA QUTBUDDIN PATHAN Date:

2024.07.31 13:17:51 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3161 OF 2024 Ayesha Aejaz Ahmed @ Khushboo Gordhanbhai Modi

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Mohammed Ahmed Shaikh for the Petitioners Mr. K. V. Saste, Addl. P.P for the Respondents-State Mr. Aditya Raktade a/w Mr.Dnyanesh Patil, Ms. Aarti Shah and Mr. Sumit Vhanbhatte for the Interveners/Parents PSI Mr. Sunil Meher from Vinoba Bhave Nagar Police Station, Mumbai, is present in Chambers CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

(IN CHAMBERS AT 2:00 p.m.) TUESDAY, 30 th JULY 2024 P.C :

The matter has been listed in Chambers, pursuant to the praecipe dated 29th July 2024, filed by the Public Prosecutor. 1/3

Mr. Saste, learned Addl. P.P submits that vide order dated 26th July 2024, this Court had directed the Additional Commissioner of Police (Protection and Security) (hereinafter referred to as `the Competent Authority'), to give police protection to the petitioners till 8th August 2024, to ensure that no untoward incident takes place. He submits that it is not possible to give unpaid police protection to the petitioners.

Learned counsel for the petitioners states that the petitioner No. 2 is ready to bear the charges for the police protection given to them. Statement accepted.

Learned counsel for the petitioners states that the petitioners will apply to the Competent Authority for further police protection, on payment of prescribed charges. He states that the said application will be made tomorrow before the Competent Authority. If such an application is made, the Competent Authority to decide the said application, independently, depending on the threat 2/3

perception to the petitioners, if any, on its own merits, in accordance with law, as expeditiously as possible and in any event, within one week from the date of filing the application. Learned counsel for the petitioners states that the petitioners are ready to deposit the charges as may be prescribed by the Competent Authority, in accordance with law, even for the period from 29th July 2024 till 8th August 2024, with the Competent Authority.

Petition be listed on the scheduled date i.e. on 6th August 2024 at 2:30 p.m.

Learned Addl. P.P. to communicate this order to the Competent Authority, forthwith.

All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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