Abdul Jabbar Abdul Subhan Shaikh v. State Of Maharashtra

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.06.20 10:57:09 +0530 Trupti 920-wp-3118-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3118 OF 2025 Mr.Abdul Jabbar Abdul Subhan Shaikh ... Petitioner versus The State of Maharashtra ... Respondent ...

Mr.Faizan Qureshi for the Petitioner.

Mr.S.V.Gavand, APP for the Respondent-State.

Mr.Tukaram Korde, API, Nerul Police Station is present. ...

CORAM

: RAVINDRA V. GHUGE & M. M. SATHAYE, JJ.

DATE : 13TH JUNE, 2025 P.C.:- 1.

By this Petition, the Petitioner seeks to invoke the Writ of Habeas Corpus with regard to his wife, namely, Mehfuza Abdul Jabbar Shaikh, daughter, namely, Zainab Abdul Jabbar Shaikh and son Mahmood Abdul Jabbar Shaikh. He has, therefore, put forth prayer clause (A), as under:

"A) This Hon'ble Court be pleased to issue a Writ of Habeas Corpus directing the Respondent to produce wife namely Mehfuza Abdul Jabbar Shaikh daughter miss Zainab Abdul Jabbar Shaikh and son Mr.Mahmood Abdul Jabbar Shaikh before this Hon'ble Court".

2.

The learned APP submits, on instructions, that the three 1/2

Trupti 920-wp-3118-2025 persons mentioned in the aforesaid prayer clause, have already been deported to District Satkira, Bangladesh by exercising powers under Sub Section (2) (c) of Section 3 of the Foreigners Act, 1946 since they are found to be the citizens of Bangladesh,. A photostat copy of the order dated 11th June, 2025 passed by the Deputy Commissioner of Police, who is the Foreigners Registration Officer, Special Branch (I), CID, Mumbai, is placed on record and similarly, a copy is given to the learned Advocate for the Petitioner. The same is marked as 'X' for identification. 3.

The learned Advocate for the Petitioner submits that due procedure of law has not been followed by the Competent Authority while passing the order dated 11th June, 2025 and now that the Petitioner has been made aware as regards the whereabouts of his wife and children, he would avail of a remedy, as is permissible in law, for assailing the order dated 11th June, 2025.

4.

In view of the above, this Writ Petition is disposed off. All contentions available to the Petitioner are kept open. (M. M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) 2/2