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2024 Supreme(MP) 47

SUSHRUT ARVIND DHARMADHIKARI, DEVNARAYAN MISHRA
Vatsalyapuram Jain Welfare Society Through Its Authorized Signatory Ms. Suman w/o Late Gajendra Kumar – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SHRI VIBHOR KHANDELWAL
For the Respondent: SHRI GAURAV CHHABRA, SHRI ROSHAN VERMA, MS. ARCHANA KHER, ADDITIONAL A.G., SHRI ADITYA VAIBHAV JHA, SHRI BHAKTI VYAS, adv

ORDER :

Sushrut Arvind Dharmadhikari, J.

Heard finally with the consent of both the parties.

In this writ petition under Article 226 of the Constitution of India, the petitioner is aggrieved by the inaction of the respondents whereby they have illegally kidnapped 21 minor girl children from the lawful custody of the petitioner and have further detained them illegally.

2. The brief facts of the case are that, the petitioner is a Society registered under the provisions of the Rajasthan Societies Registration Act, 1958 (hereinafter referred to as “Act of 1958”) and is managing and administering about 13 hostels across India. One hostel is situated in Indore in the name of “Vatsalyapuram Jain Hostel”.

3. The petitioner had admitted 21 minor girl children in the hostel on the instructions and authority given by their parents/legal guardians. The admission is given to those students who were either belonging to economically weaker section or financially poor families, after obtaining written consent, authority and permission from their parents/legal guardian. Apart from providing accommodation to the students, it also supports their school education, food, medicines and other healthcare.

4. It

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