FAROOQUE HASSAN ALIAS DR SYED OMAR FAROOQUE Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-7-30
HIGH COURT OF JHARKHAND
Decided on July 19,2017

Farooque Hassan Alias Dr Syed Omar Farooque Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

ANANT BIJAY SINGH, J. - (1.) Pursuant to order dated 150.05.2017 both the parties were directed to remain physically present before this court. Petitioner is physically present alongwith learned counsel but O.P. Nos. 2 & 3 are not physically present though counsel for the O.P. Nos. 2 & 3 are physically present and has stated that the due to flood, O.P. Nos. 2 & 3 are not physically present.
(2.) It appears that under order dated 15.05.2017, the mother of victim- Jannati Khatoon along with victim was directed to appear before the Child Welfare Committee, Hazaribagh on 22.05.2017 and on their appearance, the Child Welfare Committee was directed to hold enquiry and submit a report to this court and learned Chief Judicial Magistrate, Hazaribag was also directed to coordinate with the Child Welfare Committee for proper inquiry and to send an independent report in this regard to this court. From perusal of office note, it appears that both the reports have been received.
(3.) From perusal of report dated 07.06.2017 of the Child Welfare Committee, Hazaribag in which it has been mentioned that the child along with his mother was in presence before them on 23.05.2017 and after asking and enquring about her background both financially and resource wise, we came to the view that the mother of the child is not fit financially for the proper upbringing of the child. She, apart from the victim has four more children and the victim being the second most eldest child of the family. The father of the victim has no whereabouts and vists the family only once or twice and has no financial contribution in the family for the well-being of his children. It has also been mentioned that the petitioner and his family have been helping her family financially from a long time even before the time when the victim was sent to the Syed Omar Farooque's (petitioner) home for proper upbringing and education and is still helping her and her family. It has also been mentioned that at present the victim is studying in a school in his village ie. Dudhpura. The mother of the victim emphasizes on keeping the child with her as the victim is already on roll in a school in her home village and getting help financially from Dr. Syed Omar Farooque (petitioner) and his family willingly and whenever needed.;


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