cwp179.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.179 OF 2011 Ruth w/o Vijay Warghat, R/o-Sat Bangla, Tq-Paithan, Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Police Inspector, Paithan Police Station, Paithan, Dist-Aurangabad, 2) The Superintendent of Police (Rural), Aurangabad, 3) B.T. Pawase, Executive Director, Samarth Sahakari Sakhar Karkhana Ltd., Mahakala, Tq-Ambad, Dist-Jalna, 4) S.B. Gaikwad, Agricultural Officer, Samarth Sahakari Sakhar Karkhana Ltd., Mahakala, Tq-Ambad, Dist-Jalna, 5) Shri. Zine, Security Officer, Samarth Sahakari Sakhar Karkhana Ltd., Mahakala, Tq-Ambad, Dist-Jalna. ...RESPONDENTS. cwp179.11 2 ... Shri.A.N. Nagargoje Advocate h/f. Shri. M.S. Bhosale Advocate for Petitioner. Shri.K.G. Patil, A.P.P. for Respondent Nos.1 and 2. Shri.V.D. Salunke Advocate for Respondent Nos. 3 to 5. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 29TH MARCH, 2011. PER COURT : 1. Heard learned counsel appearing for respective parties. 2. The Petitioner filed this Writ Petition on 3rd March, 2011 seeking issuance of writ of habeas corpus for production of Vijay Jorge Warghat, who is husband of the Petitioner. The Petitioner alleged that her husband was kidnapped on 12th February, 2011 from Paithan. There was some agreement executed in between husband of the Petitioner and Respondent Nos. 3 to 5 - officers cwp179.11 3 of Samarth Sahakari Sakhar Karkhana Ltd., Mahakala, Tq-Ambad, Dist-Jalna, in respect of supply of labourers for cutting sugar-cane. The Respondent Karkhana advanced an amount of Rs. 3,00,000/- (Rupees Three Lakh) to the husband of the Petitioner. The Petitioner referred to cell phone calls received by her demanding payment of money. The Petitioner alleges that Respondent Nos. 3 to 5 along with one Ashok Barde, had kidnapped her husband as the amount was not paid. 3. In response to the notice issued, affidavit in reply is filed today in the Court on behalf of Respondent Nos. 3 and 5. The allegations made, are denied by the deponent Shrihari Baliram Gaikwad, Agriculture Officer of Samarth Sahakari Sakhar Karkhana. 4. Husband of the Petitioner namely, Vijay Warghat is present in the Court along with the Petitioner. The counsel appearing for the cwp179.11 4 Petitioner, after interaction with the Petitioner, submits that person concerned present in the Court is husband of the Petitioner namely, Vijay Warghat. 4. The learned A.P.P. submits that the concerned Police Officer is present in the Court. On instructions, the learned A.P.P. submits that in connection with the complaint filed by Respondent Karkhana on 4th March, 2011, with Gondi Police Station, husband of the Petitioner was arrested by the Police on 14th March, 2011. The learned Judicial Magistrate, First Class, Ambad, released husband of Petitioner on bail on 19th March, 2011. Husband of Petitioner, on his own appeared, according to the learned A.P.P. 5. The learned counsel for Petitioner submits that complaint filed by Petitioner against Respondents with Paithan Police Station is not yet registered, inspite of the fact that husband cwp179.11 5 of Petitioner was kidnapped from Paithan on 12th February, 2011. 6. In view of the fact that Petitioner's husband has appeared in the Court along with the Petitioner, we dispose of this Writ Petition. It is clarified that we have not expressed any view on the allegations made by respective parties in this Petition. . Authenticated copy of this order be provided to learned counsel Shri Salunke. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/MAR11/cwp179.11