1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.375 OF 2010 Zarna Ramesh Biswas .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Mr.Anand Jondhale i/b M/s.Jondhale and Co. for the petitioner. Mrs.A.S.Pai A.P.P. for the State. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 31ST MARCH, 2010. P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. We have perused the petition alongwith annexures thereto and the orders passed by this court from time to time. The prayers in the writ petition read thus: “(a) that this Hon’ble Court may kindly be pleased to take stringent action against the duty officer of Respondent No.6 for protecting the accused on 4.1.2010 and violating the procedures as provided under Cr.P.C. (b) that this Hon’ble Court may kindly be pleased to direct the Respondent No.3, to furnish the details of all the Police Stations in Mumbai, wherein instead of following the procedures as provided under Cr.P.C., the concerned officers are only recording a statement and not following the procedures as provided under Cr.P.C. (c) that this Hon’ble Court may kindly be pleased to S 2 direct the Respondent No.6 to lodge an FIR of the Petitioner as per her true statement. (d) that this Hon’ble Court may kindly be pleased to provide protection to the Petitioner and her family members as there is incumbent danger to their lives.” 3. In pursuance of the order dated 1st February, 2010, Ms.Pai, learned A.P.P. informs that the crime has already been registered (C.R.No.39 of 2010 with Malwani police station) and the social service branch is carrying out the investigation and it is in progress. She submits that in connection with this crime two accused, namely, Rajesh Rajput and Amit Pawar have been arrested and they are in custody. In view thereof the main prayer in the writ petition, in our opinion, (prayer clause (c)) stands satisfied. Insofar as prayer clause (a) is concerned, a copy of the writ petition alongwith its annexure be forwarded to respondent no.3 – Commissioner of Police to look into the grievance made by the petitioner against respondent no.6 and other officers attached to Malad police station and take appropriate decision at the earliest. While passing this order we shall not be understood to have expressed any opinion in respect of the allegations made by the petitioner against the concerned officers. We hope, the Commissioner of Police shall deal with the allegations/grievance in accordance with law. 4. Learned counsel for the petitioner submits that the petitioner desires to go back to her native place and stay with her parents. The petitioner is from Putikhli, Post Putikhli, Dist – Ndiya, Thana Krishna 3 Ganj, West Bengal. Having regard to overall facts and circumstances of the case we deem it appropriate to issue the following directions: (a) Respondent No.5 shall make all arrangements to send the petitioner to her native place/village, as mentioned above, alongwith two lady constables and some police officer/s. They shall handover the petitioner to her parents and record their statements. They shall also approach the local police station and keep them informed about the pending case so also this order. Respondent No.5 shall make all arrangements as aforementioned within a period of two weeks from today. Till then the petitioner shall continue to stay in Shraddhanand Mahila Asharam Matunga, Mumbai. The petitioner, who is present in the court states that she will make herself available as and when her presence is required in connection with the pending case. It is needless to state that the investigating officer shall inform her well in advance, whenever her presence is required, to enable her to come to Mumbai in connection with this case. With these observations the writ petition is disposed of. It is open to the petitioner to approach the local police station and take their help/assistance, if needed, to come to Mumbai, whenever her presence is required in connection with this case. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)