IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 395 OF 2008 CRIMINAL WRIT PETITION NO. 395 OF 2008 CRIMINAL WRIT PETITION NO. 395 OF 2008 1. Manik Dinkar Jagtap & anr. ] .. Petitioners Versus 1. The State of Maharashtra & 7 ors. ] .. Respondents Mr. A.M. Saraogi with Mr. P. Munghate for the petitioner. Mrs. A.S. Pai, APP, for the respondents No.1 to 4. Ms. Tajashree M. Jagtap present in court. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 13TH MARCH, 2008 P.C. : 1. The police today produced Tejashree Manik Jagtap from the Childrens Home, Dongri, before this court. The learned Assistant Public Prosecutor submitted that Tejashree along with Gautam Sameer Dasgupta surrendered before the R.A.K. Marg Police Station on 7th March, 2008 and after they surrendered, the police kept Tejashree in the Childrens Home, Dongri. It is reported that the F.I.R. was registered as against Gautam Sameer Dasgupta under Section 363 of the IPC and he was released on bail by the Magistrate. As : 2 : the Petition is a Haebus Corpus Petition pending before this court, Tejashree is produced before this court. 2. We enquired with Tejashree and she stated that she was residing at Pratiksha Nagar, Sion, along with her father and mother. She further stated that her father is serving as a driver in Bharat Petroleum and her mother is doing household work. She further stated that she has one brother by name Shekhar and two sisters by name Seema and Uma. She stated that all her siblings are elder than her and that she is the youngest in the family. She further stated that she was born on 9th January, 1991 at Shindewadi in Satara District at the house of her maternal uncle Bharat Sopan Shinde. She stated that she is taking education in the IXth standard at Dnyaneshwar Vidyalaya, Wadala, Mumbai. She further stated that she knows Gautam Sameer Dasgupta since last one year and, according to her information, said Gautam is an Automobile Engineer. She further stated that she was and she is in love with Gautam and she has decided to stay with Gautam. She states that Gautam is 25 years of age. We categorically asked Tejashree as to whether she wants to return to her father and mother and she has categorically stated that she is not desirous of returning to her father and mother. She, in fact, stated that she is desirous of staying only with Gautam. : 3 : 3. In view of the above recorded statement of Tejashree, what we find is that Tejashree has voluntarily left the house and she has voluntarily accompanied Gautam Sameer Dasgupta. She is desirous of staying with him. However, having found that she has not completed 18 years of age, we cannot accept her desire to go along with Gautam. Nevertheless, she has expressed her desire not to return to her father and mother and taking into consideration her said desire, we find it appropriate to keep Tejashree in the Childrens Home, Dongri, till she attains the age of 18 years. On completion of 18 years of age, Tejashree is free to go, according to her will, either with Gautam and/or with her father and mother and/or anywhere else as she desires. 4. During her stay in the Childrens Home, the authorities of the Childrens Home are directed not to permit anybody to have an interview with Tejashree unless lawfully permitted and only if Tejashree desires to have a dialogue with the concerned person. 5. Since Tejashree is produced before us and is : 4 : shown to the counsel for the petitioner and is identified by her father and mother who are present in court, the purpose of the Haebus Corpus is over. The Haebus Corpus Petition is hereby disposed of. 6. The Registrar General of this court is directed to forward a copy of this order to the Childrens Home, Dongri. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]