Swami Mani Asare v. The State Of Maharashtra And ORS.

904 - WP. 2248-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 2248 OF 2019 Swami Mani Asare ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. Sanjay Ghaisas, for the Petitioner Mr. V. B. Konde-Deshmukh, APP for the Respondent - State. *** CORAM : INDRAJIT MAHANTY, & A. M. BADAR, JJ.

DATE : MAY 3, 2019 PC :

1.

Heard the learned counsel appearing for the respective parties. It appears that due to certain dispute between the Petitioner/husband and the wife-Respondent No. 4, Respondentwife has left the house of the Petitioner/husband, for which the Petitioner has filed missing complaint No. 7 of 2017 with Respondent No. 2. It is further submitted on behalf of the Petitioner, that in December 2018 it was informed that Respondent No.4 and the child are in the police station and in their presence, missing complaint was disposed of.

1 / 2

904 - WP. 2248-19 2.

The learned counsel for the Petitioner asserts that the Petitioner is unaware of the location of his child, for which he is required to take out appropriate proceeding under the Guardian & Wards Act, seeking custody of child. We are afraid that present writ petition for habeas corpus cannot be resorted to in such a situation, since the Petitioner has an alternate efficacious remedy. The Petitioner is granted liberty to avail such an alternate remedy. We direct Respondent No. 2 to provide necessary documents, viz. statements recorded in the matter. With this observation, the writ petition is disposed of.

Sd/- Sd/- [A. M. BADAR, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2