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Bombay High CourtWP/1195/2021disposed off

Mohini Prashant Vitankar v. The State Of Maharashtra And ORS.

2022-12-09Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik1 pages

Osk 4-Wp-1195-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1195 OF 2021 Mohini Prashant Vitankar ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr.K.R. Tiwari a/w. Mr.Avnendra Kumar i/b.K.R. Tiwari And Co. for Petitioner. Mr.Ajay Patil, A.P.P. for Respondent-State.

PSI Mr.S. Katkar, Samta Nagar Police Station is present. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th December 2022.

P.C. :

1.

Record indicates that, there is already an Order passed by the learned Additional City Civil and Sessions Judge, Bangalore dated 9th August 2018 in favour of the Petitioner granting visitation rights to her son. Apart from the said fact, as per the report submitted by the Samta Nagar Police Station, Mumbai to the learned A.P.P., the Petitioner had also filed a Petition before the High Court of Karnataka in the year 2019, when the Respondent No.3 had produced the son namely Master Om in the Court. 2.

In view thereof, according to us the present Petition for habeas corpus is sheer abuse of process of law and is accordingly dismissed. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.12 17:32:04 +0530 1/1 OMKAR SHIVAHAR KUMBHAKARN