Abc vs The State Of Maharashtra
2021 Latest Caselaw 16220 Bom

          Digitally
                                                              18-WP-4466-2021.odt
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2021.11.23
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          17:54:55
          +0530               CRIMINAL APPELLATE JURISDICTION

                                 WRIT PETITION NO.4466 OF 2021

                       ABC                                 ... Petitioner
                            Vs
                       The State of Maharashtra               ... Respondents
                                                   ...

Mr. Ganesh Gole i/by Aarif Ali M Ali for the Petitioner. Smt. M.R.Tidke, APP for the Respondent-State.

CORAM : SANDEEP K. SHINDE J.

DATE : NOVEMBER 23, 2021.

P.C. :

Heard Mr. Gole, the learned counsel for the

petitioner and the learned Prosecutor for the State.

2 Let, the petitioner implead the Probation

Officer of the Navjeevan Mahila Vasatigruh, Mumbai as

respondent no.2. Amendment shall be carried out

forthwith.

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3         Issue     notice      to     the     added     respondent

returnable on 20th December, 2021.

4 Petitioner is victim, whose custody has been

handed over to the added respondent by the learned

Magistrate in exercise of the powers under Section

17(2) of the Immoral Traffic (Prevention) Act, 1956.

5 Mr. Gole, the learned counsel for the

petitioner, submits that the order impugned has been

passed by the learned Magistrate in complete disregard

to the provisions of Sub-section 5 of Section 17, which

according to Mr. Gole is mandatory. In support of this

submission, Mr. Gole relied on the judgment in the case

of Kumari Sangeeta v. State 1995 Criminal Law

Journal 3923.

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6         The learned prosecutor seeks time to verify

report of the Probation Officer in context of the

observations made in paragraph 8 of the order passed

in Criminal Appeal No.112 of 2021 and paragraph 8 of

the protection order dated 20th August, 2021.

7 Prosecution shall produce report of the

Probation Officer on the next date of hearing.

Stand over to 20th December, 2021 for

further consideration.

                             (SANDEEP K. SHINDE, J.)




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