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Bombay High CourtIA/786/2024disposed off

Seema W/O Manoj Jain v. State Of Maharashtra And ORS

2024-02-23Hon'Ble Shri Justice Shyam C. Chandak , Hon'Ble Justice Revati Mohite Dere2 pages

1-IA-786-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 786 OF 2024 IN CRIMINAL WRIT PETITION NO. 173 OF 2024 Seema W/o Manoj Jain ...Applicant

IN THE MATTER BETWEEN

Manoj Premchand Jain

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

....

Mr. Ashok M. Saraogi, Advocate for the Applicant. Mr. Shekhar Ingawale, Advocate for the Petitioner. Mrs. M.M.Deshmukh, Addl. P.P. for the Respondent - State. Mr. R. N. Loke (P.S.I.), Sakinaka Paivari Officer, present. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

23rd FEBRUARY, 2024.

P.C.

:

1.

Since the Applicant/Respondent No.3 had a grievance about producing the child before Matunga Child Welfare Committee, learned A.P.P. submitted that the child can be produced before the Child Welfare Committee, (CWC) Dongri Children's Home. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.02.27 16:32:26 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

1-IA-786-2024.doc 2.

Learned Advocate Mr. Saraogi appearing for applicant/ Respondent No.3 submits that the child has examination and it would be concluded on 11th March, 2024. The time table of Class Test Schedule is annexed to the application. Respondent No.3 will produce the child before Child Welfare Committee on 12th March, 2024 at 11.00 a.m. The production of child before the Child Welfare Committee is only for the purpose of recording the statement of the child.

3.

The Child Welfare Committee shall record the statement in accordance with law. Child should be produced and the statement should be recorded by following due process of law. 4.

If Child Welfare Committee can't record the statement of child on 12th March, 2024, Child Welfare Committee it at liberty to direct the parties to produce the child on the next date. 5.

Stand over to 19th March 2024.

6.

The parties to act upon authenticated copy of this order. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar