Case Note & Summary
The petitioner, Junned Ahmed Mujib Khan, filed a criminal writ petition seeking a writ of habeas corpus for production of his minor daughter, Khaleda Subiya Junned Ahmed Khan, who was allegedly kidnapped from Aurangabad on 22.10.2019. An FIR (No.339 of 2019) was registered under Section 363 IPC against unknown persons. Subsequently, the petitioner's wife identified Furkan Sannulla Khan and his parents as the kidnappers. Despite recording statements, the police failed to take effective steps to trace the child. The petitioner approached the High Court for relief. The court, after hearing the parties, directed the police to produce the victim before the court and hand over her custody to the petitioner, subject to ascertaining her welfare. The court held that a writ of habeas corpus is maintainable for production of a minor child illegally detained.
Headnote
A) Criminal Law - Habeas Corpus - Writ of Habeas Corpus - Custody of Minor Child - Petitioner father sought production of his minor daughter allegedly kidnapped by respondents - Court directed police to produce the victim and hand over custody to the father after ascertaining her welfare - Held that writ of habeas corpus is maintainable for production of a minor child illegally detained (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to a writ of habeas corpus for production and custody of his minor daughter who was allegedly kidnapped.
Final Decision
The court allowed the writ petition, directing the police to produce the victim before the court and hand over her custody to the petitioner, subject to ascertaining her welfare.
Law Points
- Habeas Corpus
- Writ of Habeas Corpus
- Custody of Minor Child
- Kidnapping
- Section 363 IPC
- Police Investigation
- Production of Victim
Case Details
2021 LawText (BOM) (06) 5
Criminal Writ Petition No.381 of 2021
V. K. Jadhav, Shrikant D. Kulkarni
Mr. Patil Indrale Anand V, Mr. G. O. Wattamwar, Mr. Ravindra B. Narwade Patil
The State of Maharashtra, The Police Inspector, Chawani Police Station, Aurangabad, The Commissioner of Police, Aurangabad City, Furkhan S/o Sannulla Khan, Sultana W/o Sannulla Khan, Sannulla Khan Kalandar Khan
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Nature of Litigation
Criminal writ petition seeking writ of habeas corpus for production of minor daughter allegedly kidnapped.
Remedy Sought
Petitioner seeks issuance of writ of habeas corpus directing respondents to produce his minor daughter and hand over her custody to him.
Filing Reason
Petitioner's minor daughter was kidnapped on 22.10.2019; police failed to take effective steps despite FIR and statements.
Previous Decisions
FIR No.339 of 2019 registered under Section 363 IPC; no further progress.
Issues
Whether the petitioner is entitled to a writ of habeas corpus for production and custody of his minor daughter.
Submissions/Arguments
Petitioner argued that his minor daughter was kidnapped and police failed to take action.
Respondents (State) submitted that they are taking steps to trace the victim.
Ratio Decidendi
A writ of habeas corpus is maintainable for production of a minor child who is illegally detained, and the court can direct the police to produce the victim and hand over custody to the lawful guardian.
Judgment Excerpts
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.
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.
Procedural History
FIR No.339 of 2019 registered under Section 363 IPC on 22.10.2019; petitioner approached police multiple times; no effective action; filed Criminal Writ Petition No.381 of 2021 before Bombay High Court (Aurangabad Bench) which was heard and allowed on 14.06.2021.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 363
