Rescue Foundation vs. Senior Police Officer Shahada Police Station

ITEM NO.6 COURT NO.2 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6753/2017

(Arising out of impugned final judgment and order dated 24-08-2017 in CRLWP No. 325/2017 passed by the High Court of Judicature at Bombay at Aurangabad)

RESCUE FOUNDATION Petitioner(s)

VERSUS

SENIOR POLICE OFFICER, SHAHADA POLICE STATION & ORS. Respondent(s)

(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 87296/2017 and IA No.90557/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

Date : 10-05-2018 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

For Petitioner(s) Mr. Abhishek S., Adv. Mr. Balaji Srinivasan, AOR

For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR

UPON hearing the counsel the Court made the following O R D E R

Pursuant to the earlier orders of this Court, the Status Report signed by the Additional S.P., Nandurpar is filed on 08.05.2018 indicating steps taken by the State, along with an application with the prayer as follows:-

Digitally signed by SWETA DHYANI Date: 2018.05.15 14:13:36 IST Reason: Signature Not Verified

"A) Permit the applicant State of Maharashtra to produce the Status Report of investigation on record.

B) Pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstance of the case."

From the Report, it appears that after the subsequent order of this Court dated 03.04.2018, 16 persons named in the Status Report have been arrested in connection with the offence of human trafficking. It also appears from the Report that financial status and banking transaction of each one of the above mentioned arrested persons are also being investigated.

It is stated in paragraph 7 of the application with respect to some of the minor girls have been rescued.

"As per raid dated 10/01/2017 women and minor girls were produced before the Judicial Magistrate 1st Class had pleaded guilty and fined for Rs.1200/-each U/s. 110, 117 of Maharashtra Police Act. In view of the order of Hon'ble High Court of Bombay dated 28/08/2017 in Criminal W.P. No.325/2017. The conviction of minor girls were set aside and accordingly request is being made to the chief Judicial Magistrate Nandurbar by Report No.290/Vachak/A.Po.A/293/2018, dated 24/04/2018 to treat the said women and minor girls being "Victims" in the said crime. So also a report to avail financial help to the victims minor girls is sent to District Legal Service Authority Nandurbar by Letter No.290/Vachak/A.Po.A/293/2018, dated 24/04/2018 Under "Manodhairya Scheme" through Women and Child Development for rehabilitation of the victims."

Learned counsel for the State of Maharashtra seeks some

more time to file a final report after completing the investigation and for taking appropriate steps in this regard.

Learned counsel for the petitioner has also submitted in the interregnum that some of the major girls who are in the protected custody of the petitioner – Rescue Foundation have created some unpleasantness and demanded for their release forthwith. It is, therefore, prayed that he may be permitted to file an application seeking appropriate orders in this regard. Permission to file the same is granted.

List the matter on 2nd week of July, 2018.

(SWETA DHYANI) (RAJINDER KAUR) SENIOR PERSONAL ASSISTANT BRANCH OFFICER