1 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 SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.315 OF 2006 CRIMINAL WRIT PETITION NO.315 OF 2006 CRIMINAL WRIT PETITION NO.315 OF 2006 Rasikbhai Vallabhbhai Patel ...Petitioner Rasikbhai Vallabhbhai Patel ...Petitioner Rasikbhai Vallabhbhai Patel ...Petitioner Vs. Vs. Vs. Sr.Inspector of Police, Nalasopara Sr.Inspector of Police, Nalasopara Sr.Inspector of Police, Nalasopara Police Station, Dist:Thane & Ors. ...Respondents Police Station, Dist:Thane & Ors. ...Respondents Police Station, Dist:Thane & Ors. ...Respondents ----- ----- ----- Mr.K.S.Patil for Petitioner Mr.K.S.Patil for Petitioner Mr.K.S.Patil for Petitioner Mrs.A.S.Pai, A.P.P. for State Mrs.A.S.Pai, A.P.P. for State Mrs.A.S.Pai, A.P.P. for State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 P.C. P.C. P.C. 1. We have heard Mr. Patil, the learned Counsel 1. We have heard Mr. Patil, the learned Counsel 1. We have heard Mr. Patil, the learned Counsel for the Petitioner who claims that his daughter for the Petitioner who claims that his daughter for the Petitioner who claims that his daughter Suvidha was kidnapped and forced into marriage with Suvidha was kidnapped and forced into marriage with Suvidha was kidnapped and forced into marriage with the Respondent No.2. The Petitioner admits that his the Respondent No.2. The Petitioner admits that his the Respondent No.2. The Petitioner admits that his daughter is about 19 years of age and the averments in daughter is about 19 years of age and the averments in daughter is about 19 years of age and the averments in the Petition state that Respondent No.2 is the brother the Petition state that Respondent No.2 is the brother the Petition state that Respondent No.2 is the brother of Respondent No.3 and Respondent No.4 and 5 are of Respondent No.3 and Respondent No.4 and 5 are of Respondent No.3 and Respondent No.4 and 5 are either holding Suvidha in their custody or they are either holding Suvidha in their custody or they are either holding Suvidha in their custody or they are aware of her whereabouts. The Petitioner therefore, aware of her whereabouts. The Petitioner therefore, aware of her whereabouts. The Petitioner therefore, prays for directions to produce his daughter Suvidha prays for directions to produce his daughter Suvidha prays for directions to produce his daughter Suvidha before this Court and release her from the illegal before this Court and release her from the illegal before this Court and release her from the illegal detention. detention. detention. 2. The Police Sub Inspector of Nalasopara Police 2. The Police Sub Inspector of Nalasopara Police 2. The Police Sub Inspector of Nalasopara Police Station Mr. R.N.Chikne is present before the Court Station Mr. R.N.Chikne is present before the Court Station Mr. R.N.Chikne is present before the Court and Mrs. Pai, the learned A.P.P. states that if the and Mrs. Pai, the learned A.P.P. states that if the and Mrs. Pai, the learned A.P.P. states that if the Petitioners file a complaint with the said police Petitioners file a complaint with the said police Petitioners file a complaint with the said police station regarding the kidnapping, forced marriage station regarding the kidnapping, forced marriage station regarding the kidnapping, forced marriage 2 and/or illegal detention of his daughter Suvidha, the and/or illegal detention of his daughter Suvidha, the and/or illegal detention of his daughter Suvidha, the said complaint would be registered and investigated said complaint would be registered and investigated said complaint would be registered and investigated into. Mr. Patil therefore, states that the into. Mr. Patil therefore, states that the into. Mr. Patil therefore, states that the Petitioner will approach the police station and file a Petitioner will approach the police station and file a Petitioner will approach the police station and file a complaint. complaint. complaint. 3. The Police Sub Inspector present states that 3. The Police Sub Inspector present states that 3. The Police Sub Inspector present states that inspite of efforts made, the police could not locate inspite of efforts made, the police could not locate inspite of efforts made, the police could not locate either Suvidha or respondent no.2. The statements of either Suvidha or respondent no.2. The statements of either Suvidha or respondent no.2. The statements of Respondent Nos.3 to 5 have been recorded and they Respondent Nos.3 to 5 have been recorded and they Respondent Nos.3 to 5 have been recorded and they claim their ignorance about the whereabouts of Suvidha claim their ignorance about the whereabouts of Suvidha claim their ignorance about the whereabouts of Suvidha and her husband. and her husband. and her husband. 4. We therefore, dispose the Petition with 4. We therefore, dispose the Petition with 4. We therefore, dispose the Petition with liberty to the Petitioner to file a proper complaint liberty to the Petitioner to file a proper complaint liberty to the Petitioner to file a proper complaint to the police which shall be investigated. to the police which shall be investigated. to the police which shall be investigated. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)