Hafsa Aiyub Patel v. The State Of Maharashtra And ORS
7-WP-3016-2025.DOC Suresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3016 OF 2025 Hafsa Aiyub Patel
...Petitioner
Versus
State of Maharashtra & Ors.
...Respondents
Mr. Irfan Unwala a/w Ms. Shaheen Kapadia, for the Petitioner. Ms. Mahalaxmi Ganapathy, APP for the Respondent-State.
CORAM
Dr. Neela Gokhale, J.
Manjusha Deshpande, J.
(Vacation Court) DATED:
6th June 2025 PC:- 1.
By this Petition, the Petitioner seeks issuance of Writ of habeas corpus, directing the Respondent Nos. 4 and 5 to produce the Petitioner's minor daughter Amatullah Patel, before this Court and direct her release from the alleged illegal custody of the Respondent Nos. 4 & 5. 2.
Heard Mr. Irfan Unwala, learned counsel for the Petitioner as well as the learned APP representing the State. We also perused the averments made in the Petition as well as the statement of the minor daughter- Amatullah aged about 16 years, given to the police officials of Neral Police Station. 3.
In the said statement, the daughter, amongst other 6th June 2025
7-WP-3016-2025.DOC things has stated that she is ready to go with her mother to UK. The daughter is admittedly a citizen of the UK. 4.
We also perused an email dated 5th June 2025 shown to us by the learned APP, issued by the Raigad, CWC to the Petitioner. Vide the said email the Petitioner was requested to take the custody of her daughter. However, the Petitioner sought time on the ground that she has asthama but she still wants to meet her daughter on Saturday.
5.
Be that as it may, we direct that the minor daughter be produced before the Regular Court on Monday i.e. on 9th June 2025 at 02.30 pm. In the meantime, tomorrow i.e. on 7th June 2025 being the festival of Eid, the Petitioner-mother is permitted to meet the daughter at the premises of Swapnalaythe Respondent No.5 subject to the daughter's consent. 6.
List the matter on 9th June 2025 before the Regular Court at 2.30 p.m.
(Manjusha Deshpande, J.) (Dr. Neela Gokhale, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2025.06.06 18:42:03 +0530 SHAMBHAVI NILESH SHIVGAN 6th June 2025