Bombay High Court
Baba S/O Appaji Londhe vs The State Of Maharashtra And ... on 4 March, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
crwp101.22
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 101 OF 2022
Baba s/o Appaji Londhe
Age 50 years, Occ. Agri.
R/o. Dhawalgaon, Tq. Shrigonda
District Ahmednagar ...Petitioner
versus
1. The State of Maharashtra
Through its Principal Secretary,
Home Department, Mantralaya
Mumbai.
2. The Superintendent of Police
Ahmednagar, dist. Ahmednagar
3. The Police Inspector,
Belwandi Police Station
Tq. Shrigonda, Dist. Ahmednagar
4. The Sub Divisional Police Officer
Karjat Division, Karjat
Tq. Karjat, Dist. Ahmednagar ...Respondents
.....
Mr. N. B. Narwade, advocate for the petitioner
Mr. R. V. Dasalkar, A.P.P. for the respondents.
.....
CORAM : V. K. JADHAV AND
SANDIPKUMAR. C. MORE, JJ.
DATED : 4th MARCH, 2022
ORAL JUDGMENT (PER V.K. JADHAV, J.) :-
1. Rule. Rule made returnable forthwith. By consent of the
parties, heard finally at admission stage.
2. The missing girl Sonali is now produced before us at about
3.15 p.m.. It is not disputed that she is less than 18 years of age.
crwp101.22
Though she has stated in her police statement that she joined the
company of accused Sujit Bhondwe on her own, however,
considering that she is below the age of 18 years, her consent is
immaterial. However, the girl Sonali is reluctant to go with her
parents, who are present before the Court.
3. We have also interacted with girl Sonali in the open court. The
girl Sonali told us that she is not wrongfully detained by anyone and
she do not want to go with her parents.
4. We have also interacted with the petitioner-father. The mother
of girl Sonali is also present before the court. Both of them also
reluctant to take her back. The petitioner-father has informed to us in
the open court that since girl Sonali has stated about danger to her
life from her parents, they are reluctant to take her back to their
home.
5. Learned A.P.P. submits that the pregnancy test of girl Sonali
has came positive and accordingly certain penal provisions under the
provisions of Protection of Child from Sexual Offences Act, 2012
came to be added against accused Sujit Bhondwe. Learned A.P.P.,
on instructions, from the investigating officer, who is present before
the court, in writing submits that at present the girl Sonali is kept in
Girls' Child Home at Ahmednagar, run by one D. Pro. and After Care
Association, Ahmednagar under the orders of the Child Welfare
crwp101.22
Committee, Ahmednagar.
6. In view of above, since the parents of girl Sonali are reluctant
to take her back to their house, we left with no other choice but to
send the girl Sonali to the said Girls' Child Home at Ahmednagar.
She shall be produced before the Child Welfare Committee,
Ahmednagar every fortnightly for further orders in connection with
her stay in the said Girls' Child Home. However, in any case, the
Child Welfare Committee cannot set her free or to allow her to be in
the custody of said Sujit Bhondwe and/or his family members till the
girl Sonali attains the age of majority. We have directed to produce
girl Sonali before the Child Welfare Committee every fortnightly for
another reason also that the girl Sonali is now carrying pregnancy
and as such, the committee may also monitor her health condition
and pass periodical orders of her check up and consider other
aspects relating to her pregnancy. In case of any confusion about
further course of action, we grant liberty to the Child Welfare
Committee, the girl Sonali or her parents to approach this Court by
filing appropriate proceedings.
7. We make it clear that the parents of girl Sonali are at liberty to
meet her in the Girls' Child Home at Ahmednagar. However, said
accused Sujit Bhondwe is not permitted to meet her in the Girls' Child
Home nor he can make any contact with the girl Sonali during her
stay in the Girls' Child Home at Ahmednagar.
crwp101.22
8. With the above observations, we make the rule of habeas
corpus absolute. Writ petition is accordingly disposed of.
9. Registry to issue authenticated copy of this judgment to the
requesting party.
(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.)
rlj/
