Pratyay Bhattacharya v. State Of Maharashtra And ANR

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2023.10.05 11:10:23 +0530 SHAGUFTA QUTBUDDIN PATHAN 6-WP-4081-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4081 OF 2022 Pratyay Bhattacharya

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Saurabh Mehta for the Petitioner Ms. P. P. Shinde, A.P.P for the Respondent No.1-State Mr. Amrendra Sinha for the Respondent No. 2 CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

WEDNESDAY, 4 th OCTOBER 2023 P.C :

By this petition, the petitioner seeks a writ of habeas corpus to produce his children, who, according to him, have been illegally detained by his wife i.e. the respondent No.2. Without going into the merits of the petition, we deem it appropriate to relegate the petitioner to file appropriate SQ Pathan 1/2

6-WP-4081-2022.doc proceeding before the Competent Court for custody/access of the children.

In the meantime, as agreed upon by the learned counsel for the respondent No. 2, the petitioner will be given video access on every Sunday from 7:00 p.m. to 8:00 p.m, so as to enable the petitioner to interact with his children. The said arrangement is without prejudice to the rights and contentions of either of the parties.

Petition is disposed of accordingly.

GAURI GODSE, J.

REVATI MOHITE DERE, J.

SQ Pathan 2/2