Annapurna W/O Harikrishna Mohanty (On Behalf Of Minor Sopna Behera) v. The State Of Maharashtra And ANR

WP-3175-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3175 OF 2024 Smt.Annapurna w/o Harikrishna Mohanty ] (on behalf of minor-Sopna Behera) ] ..

Petitioner vs.

State of Maharashtra & Ors.

] ..

Respondents Ms.Gauri Joglekar a/w Devki Sahu, V.B. Kumar and Shama Shekh for the Petitioner.

Ms.M.M. Deshmukh, APP for the State.

CORAM :

BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATE :

30th JULY, 2024.

P.C.

1] The member of CWC, Ulhasnagar, District Thane, as well as the District Child Protection Officer, have tendered their respective Affidavits which are taken on record.

The learned APP has also placed before us the counseling report of the the girl who is presently in custody of CWC. In the Affidavit, a statement is categorically made that the order of transferring the girl to CWC, Karnataka has been withdrawn as she expressed her hesitancy in being taken to Banglore. It also appears 1/2

WP-3175-2024.doc from the report of her psychological assessment that the girl is in trauma.

2] Since the FIR is registered against the present Petitioners, by the mother of the girl i.e. her own daughter, the CWC is hesitant in handing over the custody to her.

In the whole conundrum, we deem it appropriate to interact with the girl and direct that CWC shall keep her present before the Court on the next date of hearing.

Re-notify to 01.08.2024 at 1.50 p.m. in Chamber. [MANJUSHA DESHPANDE, J] [BHARATI DANGRE, J] 2/2