Shakib Mustafa Palte v. State Of Maharashtra And ANR

: 1 :

6-WP-1599-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1599 OF 2025 Shakib Mustafa Palte .....Petitioner

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Kamran Shaikh, Advocate a/w. Heena Shaikh, Aarpit Mishra for the Petitioner.

Ms. M.H.Mhatre, APP for the Respondent No.1-State. Ms. Ahber Ishrat Ansari, the Respondent No.2 is present in person. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 24th APRIL, 2025 P.C. :

1.

The Respondent No.2 appears as party in person. She submitted that she got the notice on 12.4.2025, but, she needs time to file her reply and engage an Advocate. She submitted that the child was always with her since his birth. For about six years she is looking after the child. She is providing all necessary therapies required for his medical condition. She will put all these facts on record in her affidavit-in-reply. 2.

Learned counsel for the Petitioner submitted that the Respondent No.2 has remarried. She has stopped the medical treatment which is required to be given to the child. He has relied on a certificate dated 15.3.2025 issued by Dr. Shaezin Siddiqui who has described that the Deshmane(PS)

: 2 :

6-WP-1599-25.odt child was suffering from autism with Attention Deficit Hyperactive Disorder (ADHD).

3.

Considering the request made by the Respondent No.2, who is the mother of the child, we are granting her liberty to engage an Advocate and to file her affidavit-in-reply. She seeks two weeks time to file her reply. Permission is granted. The reply shall be filed within a period of two weeks from today. She is permitted to engage an Advocate before that date. If she wants to appear as a party in person, she has to take permission from the concerned Committee of this Court. 4.

For the time being, we are giving directions to list this matter for consideration on 18.6.2025. However, in case of urgency, the Petitioner is at liberty to mention the matter before the Vacation Bench by giving notice to the other side.

5.

Stand over to 18.6.2025.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.04.30 11:10:58 +0530