Makhanlal Ramdhani Gupta v. The State Of Maharashtra And ORS

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2023.07.26 12:57:42 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2411 OF 2023 Makhanlal Ramdhani Gupta

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

None for the Petitioner.

Ms. S. S. Kaushik, A.P.P for the Respondent Nos.1 to 3 - State. Dr. Pravin Singhal, for the Respondent Nos.4 to 6. Petitioner and his wife, are present.

Petitioner's Daughter - Kusum Gupta, is present. Respondent No.4 - Mr. Mohammad Tasleem Khan (Husband of petitioner's daughter) is present.

PSI - Devendra Ahire, Sakinaka Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 19th JULY 2023 (IN CHAMBERS) P.C. :

1.

By this petition, the petitioner seeks a writ of habeas corpus to produce his daughter - Kusum Gupta, before this Court. 1/3

2.

Learned counsel for the petitioner submitted that the petitioner's daughter is aged 17 years, pursuant to which, vide order dated 17th July 2023, we had directed the police to produce the petitioner's daughter - Kusum Gupta, before us. Accordingly, the matter was kept in Chambers on 19th July 2023 at 2:00 p.m. 3.

The petitioner's daughter - Kusum Gupta, is present before us. She states that she is a major, aged 19 years. She has tendered her affidavit, which is in Hindi. The same is taken on record. In the said affidavit, she has stated that she is 19 years of age. The said age is verified by the learned APP. Learned APP has confirmed that Kusum is 19 years old. During interaction with the petitioner, he too agreed that his daughter is aged 19 years. Kusum states that she ran away from home and got married to Mr. Tasleem Khan, aged 23 years. She states that she is married to Tasleem Khan. She relied on the Marriage Certificate, annexed to her affidavit as well as the aadhar cards of both, i.e. herself and Tasleem, annexed to her affidavit. She states that she is happily living with Tasleem and as 2/3

such does not intend to return to the petitioner. 4.

Considering what is stated aforesaid, nothing survives for further consideration in this petition. Petition is accordingly dismissed and disposed of as such.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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