Disposed

Sahajad Jamal Khan v. the State of Maharashtra and Ors.

Bombay HC8 Jun 2021WP/1933/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition praying for effective investigation into the supposed kidnapping of a minor girl. After the child was traced and produced via video conferencing, the court directed her production before the Child Welfare Committee and directed the investigating agency to proceed in earnest.

What did the court decide?

Direction to produce child before Child Welfare Committee; direction to investigating agency to carry out investigation in earnest.

Sahajad Jamal Khan Vs the State of Maharashtra… — Child Custody and Guardianship | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.1933 OF 2021

Sahajad Jamal Khan

...Petitioner

vs.

The State of Maharashtra and Others

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...Respondents

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Mr. Nikhil Pujari, for the Petitioner

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Mrs. Sangita Shinde, APP for the Respondent-State.

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Mr. Pansare, DCP Zone-3, Kalyan a/w. Mr. Kumbhar, P.I., Kolsewadi police station present through Video Conferencing.

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CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.

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DATE : JUNE 08, 2021 (THROUGH VIDEO CONFERENCING)

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P.C.:

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. Not on board. Upon mentioning taken on board.

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Heard the learned counsel for the parties.

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By this Petition under Article 226 of the Constitution of

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India, the Petitioner, who claims to be the father of a minor girl has sought reliefs in the nature of effective investigation in C.R. No.50 of 2021 registered with Kolsewadi police station for the

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alleged kidnapping out of lawful guardianship of his minor daughter by an unknown person. In the F.I.R. it was reported that the minor was born on 30^th November, 2005. On 8^th February, 2021 she left the home on the pretext of attending beautician

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Vishal Parekar

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class but did not return.

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The Petitioner alleged that the police have not conducted effective investigation and the said minor has not been traced by the police despite lapse of considerable period. Hence, this Petition seeking proper investigation and, if required the transfer of the investigation to another agency like Crime Branch.

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In the meanwhile, name of an accused surfaced. Having regard to the nature of the Petition, by an order dated 27^th May, 2021, this Court directed the investigating agency to make necessary enquiry from the Aunt of the accused, namely Smt. Laxmi Gaikwad, who was residing behind Netivali police chowki, Jay Bhavani Nagar, Netivali, Kalyan(E) and submit report to this Court on or before 1^st June, 2021.

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Today DCP Zone-3, Kalyan, has produced the minor girl through video conferencing. It was submitted that the girl was found at Wai. We have interviewed the child. She made certain statements as to the circumstances in which she was found at Wai.

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As the investigation is in progress, we refrain from making any observations. It would be suffce to note that the circumstances in which the girl child left the parental home and

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Vishal Parekar

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was found away at Wai indicate that the girl is a child in need of care and protection.

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In the circumstances of the case, in the backdrop of the fact that the minor girl was traced at Wai, far away from her parental home, we deem it appropriate to direct that the child be produced before the jurisdictional Child Welfare Committee forthwith and in any event by tomorrow, 9^th June, 2021, so that appropriate orders in conformity with the provisions contained in Juvenile Justice Act, 2015 are passed by the Child Welfare Committee.

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Since the child is traced, the Respondent Nos. 3 and 4 shall carry out necessary investigation in C.R. No. 50 of 2021, registered with Kolsewadi police station, Kalyan(E), in right earnest.

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Consequently, the Petition having served out its purpose substantially, deserves to be disposed of.

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The Petition accordingly stands disposed of.

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All concerned shall act on the authenticated copy of

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this order.

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Vishal Parekar

Sahajad Jamal Khan v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sahajad Jamal Khan v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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