Harish Badiger v. State Of Maharashtra And ANR.

bipin prithiani 5-wp-1570.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2023.02.09 10:40:45 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL WRIT PETITION NO. 1570 OF 2022 Harish Badiger ...

Petitioner

Versus

State of Maharashtra & Anr.

...

Respondents ****** Mr. Mikhail Dey i/by Dinesh Tiwari & Associates for the Petitioner. Mrs. M. M. Deshmukh, APP for the Respondent-State. ****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 7th FEBRUARY, 2023 P.C. :- .

The counsel for the petitioner informs that in spite of repeated attempts no contact could be established with the petitioner. 2.

This Court has already noticed that the petitioner is an accused in an offence punishable under Sections 4, 8 and 12 of the POCSO Act read with Sections 376, 377, 354, 506 of the Indian Penal Code. It is the case of the petitioner that he is illegally detained and as such, the writ of habeaus corpus be issued. The fact remains that the petitioner is under judicial custody in view of being accused in aforesaid offence and that being so, it cannot be inferred based on the material placed on record that the petitioner is in illegal detention. 3.

In this background, no case is made out. Petition is dismissed. [R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]