KAJAL RAMESHWAR KANJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

(2.) Prayer in this petition is to quash and set aside the impugned order dated 3rd July, 2017 passed by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POSCO Act") and for release of petitioner from Karuna Mahila Vastigruha, Nagpur. It is the case of petitioner that she is permanent resident of State of Rajasthan and about 15 months prior to the incident, had come to Nagpur to meet her relative. According to information received by police from the Members of N.G.O. namely 'Freedom Firm' in the month of November, 2016 that some minor girls are forced into the business of prostitution, Officers of Lakadganj Police Station, on 23.11.2016, after locating the location of such minor girls, effected raid in one house situated in Bangde lane and arrested some females since were found indulged into such business of running of brothel and registered Crime No.338/2016 (F.I.R. No.1918/2016) for the offences under Sections 344, 355-A, 372, 373, 370-A of Indian Penal Code and Sections 3, 4, 5, 6, 7 and 9 of Immoral Traffic Prevention Act (hereinafter referred to as "the PITA Act of 1956"). We find it to be the case of respondents that, in raid carried out as aforesaid, petitioner was one of the victims who was rescued by police, aged 17 years and was accordingly produced before learned Chief Judicial Magistrate, Nagpur who, by an order dt.24.11.2016, detained petitioner in Karuna Mahila Vastigruha till 9.12.2016 and issued directions to Probation Officer to submit report on or before 3.12.2016 for passing further orders with regards to further detention of petitioner if required.

(3.) It is specific case of the petitioner that, after being detained as aforesaid and in-spite of Probation Officer submitting report on 3.12.2016, no action was taken for release of petitioner, in-spite of the fact that Hema Kanjar, paternal aunt of petitioner, filed an application seeking her custody, but was refused to obtain the same. According to petitioner, before considering such application, petitioner's statement was recorded, wherein she voluntarily stated that she wanted to go with said Hema Kanjar, who is her maternal aunt. However, in spite of such voluntary statement by petitioner, who is major, application came to be rejected by the impugned order. Hence, the petitioner is before this Court.