1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL WRIT PETITION NO.: 644 OF 2010 *** Sumanbai W/o Nanasaheb Gaikwad Versus The State of Maharashtra and others *** 1. We have heard learned counsel Mr. Kakade for the Petitioner and learned A.P.P. Mr. Shaikh for the Respondent/ State. 2. Rule, made returnable forthwith, heard finally by consent of the parties. 3. Petitioner approached this Court with following prayers: “19. A) This criminal writ petition may kindly be allowed; B) That by issuing writ of habeas corpus the respondent authorites may kindly be directed to produce the daughter of petitioner namely Laxmi @ Kavita W/o Abasaheb Solunke before this Honourable High Court. C) That, by issuing necessary 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. writ or directions the respondents authorities be directed to register the crime against the in laws of the Laxmi @ Kavita W/o Abasaheb Solunke for further investigation.” 3. The petitioner alleged that Laxmi alias Kavita is her daughter. The petitioner, in para 6, has averred that her daughter Laxmi alias Kavita has left house around 11.00 p.m. with one boy. According to the Petitioner, after this occurrence she lodged a report with Shiur Police Station. The investigation of report of the petitioner is being carried out by the Police Officers concerned. Petitioner claims that her daughter is being ill-treated by her in-laws and complaint was also filed by daughter of the petitioner on 6th July, 2009 against her in-laws. Copy of the said complaint is annexed as Annexure-B to this petition. She has alleged that her daughter was married to Abasaheb Kacharurao Salunke, 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. resident of village Chittarkheda Tq. Vaijapur, district Aurangabad, on 10th May, 2005. According to the Petitioner, she made requested Respondents on 11th May,m 2010, requesting for registration of the offence and find out her daughter. Annexure-C is the copy of the said representation. Petitioner is not aware of whereabouts of her daughter. Petitioner, thus, seeks writ of habeas corpus against the Respondents for production of her daughter viz. Laxmi alias Kavita, wife of Abasaheb Kachrurao Salunke. 4. In response to the notice, affidavit in reply, page 16 has been filed. It is affirmed by one Mr. Balasaheb S/o Sahebrao Bhapkar, Assistant Police Inspector, Shiur Police Station, district Aurangabad. In para 4, statement is made that missing complaint No.2 of 2009 is registered with Shiur Police Station by the officer concerned. Investigation has been conducted in relation to said missing 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. complaint. Statement of Abasaheb Babanrao Salunke (husband of missing wife), Babanrao Kachru Salunke (father in law of missing girl) Rukhmanbai Babrao Salunke (mother in law of missing girl) and others have been recorded. It has been stated in para 5 that Kavita had friendly relations with one Mr. Rameshwar. She had left the house on 26th February, 2009 without informing her in-laws. It has been learned by them, afterwards that Rameshwar Bhale was also missing from his house. Annexure R/2 is the report to that effect. Statement of some other persons have been recorded by Mr. Kakade, A.P.I. Those persons are Mr. Vilas Devchand Kunde etc. According to this witness, Kavita was last seen in the company of Rameshwar. Copy of the statement of Mr. Vilas is Annexure R/3. Statement of Dattatray Gaikwad, brother of missing girl is also recorded and Annexure R/4 is the cop of the said statement. Investigation in relation 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. to Call Details Record (CDR) of Cell Phone NO. 9403537981 has been carried out. Efforts for search of said missing girl has been narrated in para Nos.8, 9 and 10. In para 11 and 12 it has been conveyed that missing girl had elopsed with Mr. Rameshwar Bhale, both of them were staying at Wapi Dongri Khariya (district Balsad, State of Gujarat). They have married and missing girl has also delivered a female child from said Ramshwar Bhale. According to the affiant, Rameshwar Bhale and missing girl, after marriage, are happily residing as husband and wife. We have seen Annexure R-9 and R-10. 5. After hearing learned counsel for the parties and considering the pleadings raised by the petitioner and affidavit in reply, filed on behalf of the Respondent, in our view, it is not a case wherein writ of habeas corpus can be issued. Missing girl is very well alive and staying with her husband. She is major and entitled to move around or stay any where in 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. view of Article 19 of the Constitution of India. 6. Writ petition stands dismissed. No order as to costs. [S. S. SHINDE, J.] [S.B.DESHMUKH, J.] Dated:30/07/2010. ans/644