Paresh Mithalal Boricha v. Senior Police Inspector And ORS

906 - WP. 437-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 437 OF 2019 Paresh Mithalal Boricha ...

Petitioner Vs.

Sr. Police Inspector, Dongri Police Station, Mumbai & Ors.

...

Respondents *** Mr. Amit Munde i/b Swapnil Chopade-Patil, for the Petitioner. Mr. V. B. Konde-Deshmukh, APP for the Respondent - State. Mr. Vishal Talsania, for Respondent Nos. 3 to 5. Ms. Truptil Girdhar Parmar - present.

*** CORAM : INDRAJIT MAHANTY, & SARANG V. KOTWAL, JJ.

DATE : FEBRUARY 28, 2019 PC :

1.

This petition seeking writ of habeas corpus has been filed by the Petitioner Paresh, alleging that Ms. Trupti Parmar is being held in illegal detention by hre family members, Respondent Nos. 3 to 5. Pursuant to the notice issued to the State, the police authorities recorded the statement of Ms. Trupti Parmar on 2nd February, 2019 and produced the true copy of the same before us for our consideration. The same is taken on record and marked "X" for identification.

2.

By an order dated 25th February, 2019 we have directed 1 / 2

906 - WP. 437-19 the State to produce the alleged victim Ms. Trupti before the Court, and accordingly, today, she is present in the Court. We have queried her as to whether her statement recorded by the police is her actual statement, to which she confirmed and states that she wants to continue to reside with her parents and brother and that she is residing with them out of her free will and desire. 3.

We do not want to go into any other disputed facts, in view of our limited jurisdiction in this petition for writ of habeas corpus, and after seeking her statement in open Court, we dispose of the writ petition, with liberty to the Petitioner to take recourse of an appropriate remedy, as is required in law. [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2