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22-Cri.WP.381-21 Jud.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.381 OF 2021

Junned Ahmed Mujib Khan,

Age : 44 years, Occu. Service as Teacher,

R/o Alamgir Colony, Parbhani,

Tq. and Dist. Parbhani.

...

Petitioner.

Versus

1.

The State of Maharashtra,

Through its Secretary,

Home Department, Mantralaya,

Mumbai.

2.

The Police Inspector,

Chawani Police Station, Aurangabad,

District Aurangabad.

3.

The Commissioner of Police,

Aurangabad City, Aurangabad.

4.

Furkhan S/o Sannulla Khan,

Age : 28 years, Occu. Nil,

R/o Near Hamida Majid, Vasant Nagar,

Pusad, Tq. Pusad, Dist. Yewatmal.

5.

Sultana W/o Sannulla Khan,

Age : 55 years, Occu. Business,

R/o Near Hamida Majid, Vasant Nagar,

Pusad, Tq. Pusad, Dist. Yewatmal.

6.

Sannulla Khan Kalandar Khan,

Age : 60 years, Occu. Business,

R/o Near Hamida Majid, Vasant Nagar,

Pusad, Tq. Pusad, Dist. Yewatmal.

...

Respondents.

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22-Cri.WP.381-21 Jud.odt

...

Advocate for Petitioner : Mr. Patil Indrale Anand V.

APP for Respondent/s-State : Mr. G. O. Wattamwar.

Advocate for Victim & Respondent Nos.5 & 6 : Mr. Ravindra B.

Narwade Patil.

…

CORAM : V. K. JADHAV, AND

SHRIKANT D. KULKARNI, JJ.

DATE : 14.06.2021

JUDGMENT (Per V. K. Jadhav, J.) :-

1.

Heard. Rule made returnable forthwith.

2.

By way of the present writ petition, the petitioner is

seeking issuance of the writ of the Habeas Corpus against the

respondents directing them to produce his minor daughter

namely Khaleda Subiya Junned Ahmed Khan and to hand over

her custody to him.

3.

Brief facts leading to the present writ petition are as

follows :

According to the petitioner, his minor daughter was

kidnapped from Aurangabad on 22.10.2019. Consequently, his

brother-in-law has lodged the report with Chawani Police

Station, Aurangabad pursuant to which FIR bearing No.339 of

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22-Cri.WP.381-21 Jud.odt

2019 came to be registered against unknown persons for the

offence punishable under Section 363 of the IPC. After few

days, the petitioner'

s wife had informed to the concerned

Police Station and pointed out that one Furkan S/o Sannulla

Khan is responsible for the incident and he has kidnapped their

minor daughter in collusion with his parents and other

accused persons. Thus, the concerned Police Station has

recorded the statement of the petitioner and his wife, however,

inspite of recording the statement of the petitioner and his

wife, the concerned Police Station has not proceeded to take

steps to find out the whereabouts of their daughter. The

petitioner has approached the concerned Police Station for

inquiry, several times. However, every time he was informed

that the necessary steps are being taken to search their

daughter and the petitioner will be informed when his

daughter is found. According to the petitioner, the police

authorities for the reason best known to them, are not

proceeding with the investigation of the crime in its true spirit

and consenquently, their minor daughter could not be traced

out. Thus, the petitioner is constrained to approached this

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22-Cri.WP.381-21 Jud.odt

Court for seeking the writ of Habeas Corpus against the

respondents in the facts and circumstances of the present case.

4.

By order dated 12.03.2021, this Court has directed the

respondent Nos.2 and 3 - Police Authorities to search and

produce the minor daughter of the petitioner namely Khaleda

before the Court. Thereafter, time to time this Court has

monitored the progress and recorded the same in the order

dated 30.03.2021, 08.04.2021, 22.04.2021 and 29.04.2021.

On 06.05.2021 the learned Prosecutor has informed to this

Court that the team was sent to Hyderabad to trace out the

ATM centre from where the amounts were withdrawn by the

probable kidnapper from the accounts of his father Sannulla

Khan Kalandar Khan and the said ATM centre was traced out at

Banjara Hills, Hyderabad. Thus by recording the same, the

matter was listed on 10.06.2021.

5.

On