Bombay High CourtWP/5079/2025disposed off

Mohammed Hassan Mohammed Iliyas Sumra v. Commissioner Of Police And ORS

2025-10-03Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

P.H. Jayani 902 WP5079.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5079 OF 2025 Mr. Mohammed Hassan Mohammed Iliyas Sumra .... Petitioner V/s.

The Commissioner of Police, Mumbai and Ors.

.... Respondents Mr. Mateen Shaikh a/w. Ms. Muskan Shaikh for the Petitioner. Ms. Supriya Kak, APP for the Respondent - State. CORAM : SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ.

DATED : 03rd OCTOBER, 2025 P.C. :- .

Learned APP submitted that the Petitioner's daughter is in a village but for the security reasons, the name of the village cannot be disclosed. She submitted that, the local Police Station Officer had recorded her statement on 03/06/2025 wherein she had stated that she had left the parents house out of her free will and was residing with and had married her friend.

2) Learned APP submitted that while she was giving the statement, it was video-graphed and the Police Officers of the Wakola Police Station are willing to show that video clip to the Petitioner. 3) Learned Counsel for the Petitioner submitted that the Petitioner apprehends that his daughter is kept in captivity in that particular village and the statement could have been given under some coercion or threat. 1/2

P.H. Jayani 902 WP5079.2025.doc 4) We have considered both the stands. Therefore, it is necessary for the Officers of the Wakola Police Station to state positively whether the Petitioner's daughter is safe and is not under pressure. Till today, the Officers of the Wakola Police Station are not in a position to make a positive statement in that behalf because they have not interviewed the Petitioner's daughter in person. In this situation, we direct the Respondents to produce the Petitioner's daughter before this Court on 10/10/2025 at 02:45 p.m. in the Chambers.

5) The Officers of Wakola Police Station can take help of the local Police Station.

6) Stand over to 10/10/2025.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.10.03 18:47:27 +0530 2/2