Bombay High Court
Mrs. Priya Deepak Gowala Nee @ ... vs The State Of Maharashtra And Anr on 7 April, 2021
Bench: A.S. Gadkari
Tauseef 28-WP.617.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.617 OF 2021
Priya Deepak Gowala ...Petitioner
V/s.
The State of Maharashtra & Ors. ...Respondents
Mr. Ashley Cusher, Advocate for Petitioner.
Mr. A. R. Patil, APP for Respondent No.1 (State).
Mr. Shehzad Naqvi, Advocate for Respondent No.3.
Mr. R. S. Devkar, P.I. (I.O.) present.
CORAM : A. S. GADKARI, J.
DATE : 7th APRIL, 2021.
P.C. :
1. The Petitioner is victim in C.R. No.343 of 2020 registered with
Varsova Police Station, Mumbai dated 4th September 2020, under Section
370 (3) read with Section 34 of the Indian Penal Code and under Sections
4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short "PITA
Act"). The Petitioner has filed present Petition impugning the Judgment
and Order dated 12th November 2020, passed in Criminal Appeal No.86 of
2020, filed under Section 17 (6) under the PITA Act, by the learned
Additional Sessions Judge, Borivali Division, Dindoshi Goregaon, Mumbai,
dismissing the said Appeal and confirming Order dated 25 th September
2020, passed by the learned Metropolitan Magistrate 15 th Court, Mazgaon,
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Tauseef 28-WP.617.2021.doc
(At Sewri) Mumbai in PITA, R.A. No.13 of 2020 directing detention of
Petitioner with the Respondent No.3, Rescue Foundation for a period of
one year under Section 17 of PITA Act.
2. The record indicates that, the Officers of Social Service Branch,
Crime Branch, Mumbai conducted raid at a Hotel situated within a
jurisdiction of Varsova Police Station and found in all three victim ladies
therein. The Petitioner is one of the victim. The concerned Police
produced the petitioner before the learned Metropolitan Magistrate, 15 th
Court, Mazgaon (At Sewri), Mumbai, as per the provisions of Section 17 of
the PITA Act. Learned Magistrate by its impugned Order dated 25 th
September 2020 directed detention of the Petitioner for a period of one
year in Rescue Foundation i.e. Respondent No.3 herein. The Petitioner
challenged the said Order under Section 17(6) of PITA Act by filing
Criminal Appeal No.86 of 2020 before the Court of Sessions at Dindoshi
(Borivali Division), Goregaon, Mumbai. The Appellate Court has dismissed
the said Appeal by its Order dated 12th November 2020.
3. Perusal of impugned Order dated 25th September 2020 indicates
that, the learned Magistrate directed detention of Petitioner for one year in
Rescue Foundation, Kandivali, Mumbai, predominantly on the ground that,
she was suffering from sexually transmitted disease, as she was tested
positive to Treponema Pallidum Elisa (TPE) Test and therefore, learned
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Magistrate come to the conclusion that, it will not be proper to release the
Petitioner on her personal bond.
4. It is an admitted fact on record that, the Petitioner is an adult
aged about 27 years. In view of the observations made by the learned
Magistrate in its impugned Order, on earlier occasion, this Court had
directed the learned counsel appearing for Respondent No.3 to produce
latest medical reports of Petitioner.
Learned counsel for the Respondent No.3 today produced on
record two certificates issued by the Medical officer, attached to Mumbai
District Aids Control Society dated 3rd April 2021 and by the Bharatratna
Dr. Babasaheb Ambedkar Municipal General Hospital dated 1 st April 2021
(5th April 2021). The certificate dated 3rd April 2021, mentions that, the
Petitioner is tested negative for HIV. The certificate dated 5 th April 2021,
mentions that, 'no significant are found for VDRL and no treatment is
required' to the Petitioner.
5. It is thus clear that, the ground on which the Petitioner is
directed to be detained by the learned Magistrate, no more survives and as
a matter of fact ceases to remain in force.
Learned counsel appearing for Respondent No.3, on instructions
also makes a statement that, the detention of Petitioner with Rescue
Foundation is no more required and she can be released by passing
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Tauseef 28-WP.617.2021.doc
necessary Orders in that behalf.
6. In view of the above, Petitioner be released from custody of
Rescue Foundation, Kandivali on her furnishing an undertaking that, she
will remain present on necessary dates before the Trial Court after receipt
of notice in that behalf from it, at the time of trial. Upon filing such an
undertaking, the Petitioner shall be released from the custody of Rescue
Foundation, Kandivali.
7. Petition is allowed in the aforesaid terms.
(A. S. GADKARI, J.)
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