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.: 161 OF 2010 *** Ayodhaybai W/o Gunaji Mhetre Versus The State of Maharashtra and others *** 1. We have heard learned counsel for the parties. 2. Rule, made returnable forthwith, heard finally by consent of parties. 3. The Petitioner made following prayers in this writ petition: A) Criminal writ petition may kindly be allowed. B) By issuing writ of Habeas Corps the respondent may kindly be directed to produce the husband Gunaji s/o Maroti Mhetre and three children Laxman, Santosh and Balu in person before this Honourable Court. C) Any other suitable and equitable relief may kindly be granted in favour of the petitioner. 4. This petition has been filed by the petitioner on 9th February, 2010. In response to our notice, on behalf of 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. Respondent No.3, affidavit in reply is filed. It is affirmed by Mr. Rangnath Dhordiba Nangre, Police Inspector, Shivajinagar Police Station, Latur. It was affirmed on 20th April, 2010. We have seen the annexures. Efforts taken by the Respondent have been noticed by us. After hearing the learned counsel for the parties and considering the affidavit in reply of Mr. Nangre, this Court was not satisfied. Superintendent of Police, Latur and Collector, Latur were directed to file affidavits. Accordingly, those affidavits are filed on record. Mr. Eknath Rajaram Dawale, Collector and District Magistrate, Latur has filed affidavit page 74. It has been affirmed by District Collector on 30th April, 2010. We have also seen Annexures with this affidavit. Efforts taken by him have been noticed by us in relation to search of missing husband and three children of the present Petitioner. 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. 5. On behalf of Respondent NO.3 affidavit of Superintendent of Police, Latur Mr. Sanjay S/o Anandrao Lathkar is filed on 4th May, 2010. This affidavit also comprises voluminous annexures. With the assistance of the counsel present before the Court, we have seen all the annexures, photographs, revealing steps taken by the Superintendent of Police, Latur in search of allegedly missing persons. 6. In summer vacations, on 26th May, 2010 this petition was moved on behalf of State before learned Vacations Judge. On that day, one Mr. Gunaji Maroti (husband of the present petitioner) was produced before the Court. His statement was recorded. He expressed his desire to stay at Aadamapur, Taluka Mudargad, district Kolhapur. Considring will and wish of the said person/ husband of the present petitioner, learned Vacations Judge did not pass any interim order. Matter was adjourned 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. to 8th June, 2010. On 8th June, 2010 this Court, after hearing the counsel for the parties, disposed of writ of habeas corpus sought for to trace out and produce Mr. Gunaji Maruti Mhetre (husband of the present petitioner). Matter was adjourned for filing rejoinder at the request of learned counsel for the Petitioner, to 23rd June, 2010. 7. On adjourned date, rejoinder is filed on behalf of the Petitioner (page 254). Today, we have heard learned counsel for the Petitioner Mr. Mane, learned A.P.P. Mr. Godbharle for Respondents. 8. This petition, now placed before this Court, pertains to issuance of writ of habeas corpus for search of three children of the petitioner viz. Laxman, Santoshi and Balu. Learned A.P.P. points out from para 11 of the affidavit in reply of District Collector MR. Dawale that missing report of three chilren of the Petitioner is recorded at No.5 of 2007 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. on 24th July, 2007. Apart from this, learned A.P.P. pointed out Annexure R/2, page 59 annexure with affidavit in reply. It is dated 24th July, 2007 addressed to Police Inspector, Police Station, Deoni by Police Sub Inspector, Local Crime Branch, Latur. It appears that present Petitioner had reported to Police Sub Inspector, Local Crime Branch that her three children viz. Laxman, Santosh and Balu have left residence since about four years. Her statement was recorded. Based on this statement, missing report at Station Diary No.205 of 2007 was registered at No.38 of 2007. This was registered in Missing Register No.5 of 2007 on 24th July, 2007 and inquiry was directed to Police Inspector. We have seen this Annexure R/2 signed by the Police Station Officer, Police Station, Deoni. It is clear that four years prior to 24th July, 2007 according to the petitioner, her three childre, had left the residential 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. house and did not return. 9. Having considered the submissions on behalf of the parties, in our view, it is not the case of the present petitioner that her sons have been kidnapped, abducted or illegally detained anywhere. In these facts and circumstances, in our view, there is no case made out for issuance of writ of habeas corpus. However, the search which appears to have been carried on so far by the police authorities concerned, for these three children i.e. Laxman, Santosh and Balu, may be kept on by the authorities concerned even though we are now disposing this writ petition. We once again make it clear that disposal of this writ petition does not preclude the respondents from searching three children of the present petitioner viz. Laxman, Santosh and Balu. 10. Writ petition stands disposed of in view of observations in the foregoing paragraphs. 7 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. No order as to costs. 11. The authorities concerned may proceed with search of three missing children of the petitioner viz. Laxman, Santosh and Balu and in case they found them, they may inform/ intimate the present petitioner. [S. S. SHINDE, J.] [S.B.DESHMUKH, J.] Dated:26/07/2010. ans/161