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Bombay High CourtWP/617/2026dismissed

Hero Devi And v. State Of Maharashtra And ORS

2026-02-24Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

917.617.26-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.617 OF 2026 Hero Devi .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents ...

Ms. Jahanara Khan, Advocate for the Petitioner Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2026.03.04 13:58:37 +0530 BASAVRAJ GURAPPA PATIL Mr. S. V. Gavand, Additional Public Prosecutor for Respondent Nos.1 to 5 Ms. Rani Jaiprakash Baisane, CWC, ThaneChairperson. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM ANKHAD, J.

DATE : 24th FEBRUARY 2026 P.C. :

Pursuant to the order dated 12th February 2026, 2nd respondent-Child Welfare Committee (in short, the Committee) has been served.

2.

Ms. Jahanara Khan, the learned counsel for the petitioner makes an allegation that no decision has been taken on the application filed on 17th November 2025 before the Committee a copy of which has been annexed vide Exhibit-B, page no.53 of the paper book. The labelling of the Court/Forum at page no.53 is not correct. However, the learned counsel for the petitioner states that this application vide Exhibit-B was filed with the Committee. There is not even an endorsement on behalf of the Committee. But here again, the learned counsel for the petitioner makes an unsubstantiated allegation that the Committee does not put an endorsement through stamp as an evidence of receipt. We further find that this application bgp Page | 1

917.617.26-wp.docx has been projected to have been filed on behalf of the petitioner who is a housewife aged about 81 years. On the alleged application, she has put her thumb impression. Just to indicate, this application has been made in English language. However, ignoring all these defects and inconsistencies, we issue direction to the Committee to provide an opportunity of hearing to the petitioner on 13th March 2026 but the petitioner shall not be accompanied by her counsel or any representative at the time of hearing. After hearing the petitioner, the Committee shall pass necessary orders in accordance with law. 3.

Writ Petition No.617 of 2026 is disposed of with the aforesaid directions.

[GAUTAM ANKHAD, J.] [CHIEF JUSTICE] bgp Page | 2