Shrichand Ramjatan Yadav v. The Senior Inspector Of Police And ORS

19 - WP. 4167-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 4167 OF 2016 Shrichand Ramjatan Yadav ...

Petitioner Vs.

State of Maharashtra & Ors.

...

Respondents *** Mr. Shyamrishi Pathak, for the Petitioner.

Mr. V. B. Konde-Deshmukh, APP for the Respondent - State. Mr. Somanath Kohore, PSI Bhandup Police Station - present. *** CORAM : INDRAJIT MAHANTY, & SARANG V. KOTWAL, JJ.

DATE : FEBRUARY 18, 2019 PC :

1.

Heard the learned counsel for the Petitioner and the learned APP for the Respondent - State. This writ petition for habeas corpus is filed by the father of a missing girl. Based on his complaint dated 16.10.2016 alleging the offence under S. 363 I.P.C, FIR was registered bearing No. 413 of 2016 at the Bhandup Police Station.

2.

On filing of the present writ petition for habeas corpus, investigation has proceeded and instructions were obtained by the police authorities indicating that the main accused had appeared 1 / 2

19 - WP. 4167-16 before the Court Chief Judicial Magistrate and the accused has been granted bail by the said Court. Apart from the above, a certified copy of statement under S. 164 Cr.P.C. of the alleged missing girl has been obtained, it is available on record. Copy of the same is also provided to the learned counsel for the Petitioner. In view of the above, we find that no further purpose would be sub-served by keeping this writ petition pending, since alleged minor girl cannot be said to be in illegal confinement or detention. We, therefore, dispose of the writ petition with liberty to the Petitioner to take recourse of a remedy, as is available, in law. Sd/- Sd/- [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2