XYZ vs THE STATE OF MAHARASHTRA

Judgment text excerpt

2026:BHC-AS:1926 wp 4726 of 2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4726 OF 2025 XYZ ... Petitioner versus State of Maharashtra … Respondent Mr. Abhijeet V. Jangale with Ms. Nikita Bordepatil, for Petitioner. Mrs. R.S.Tendulkar, APP for State. CORAM: N.J.JAMADAR, J. RESERVED ON : 13 JANUARY 2026 PRONOUNCED ON : 16 JANUARY 2026 JUDGMENT : 1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally. 2. The Petitioner (hereinafter referred to as the Victim No.3) takes exception to a judgment and order dated 24 June 2025 passed by the learned Additional Sessions Judge, Yeola, in Criminal Revision Application No.11 of 2025, whereby the application preferred by the Victim No.3 and other victims against an order dated 19 April 2025 passed by the learned Magistrate, Yeola under Section 17(4) of the Immoral Traffic (Prevention) Act, 1956 (PITA 1956), thereby ordering the detention of Victim No.3 and other victims in a protective home for a period of one year, came to be dismissed by affirming the said SSP 1/13 wp 4726 of 2025.doc order passed by the learned Magistrate. 3. Shorn of unnecessary details, the background facts can be stated, in brief, as under : 3.1 Pursuant to an information, Yeola Police conducted a raid at Hotel Vijay Lodging, Yeola. In the said raid, victim No.3 and other four victims were rescued. Two persons were arrested and a crime, vide C.R.No.116 of 2025 for the offences punishable under Sections 3, 4, 5 and 6 of the PITA, 1956, came to be registered against those persons. 3.2 The learned Magistrate, Yeola, conducted an inquiry under Section 17(2) of the PITA, 1956. After appraisal of the report submitted by the Probation Officer, medical exa