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Bombay High CourtWP/5621/2019disposed off

Amol Arvind Khedekar v. The State Of Maharashtra And ORS.

2023-02-03Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

CAJ 31-Wp-5621-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5621 OF 2019 Amol Arvind Khedekar ... Petitioner V/s.

The State Of Maharashtra And Ors.

... Respondents Ms. Kalpana Trivedi for Petitoner.

Mrs. S. D. Shinde APP, for Respondent-State.

Mr. Arya Sapre i/b Mr. Harshad Bhadbhade for Respondent Nos.5 to 7. CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 3rd FEBRUARY, 2023.

P.C. :

1.

In pursuance of Order dated 9th March 2020, the custody of Master Bhavarth Amol Khedekar was handed over to Petitioner by the Respondent Nos. 5 to 7. Petitioner is still in custody of the said child due to various attending circumstances which have occurred in interregnum. 2.

Learned Advocate appearing for Respondent Nos. 5 to 7 on instructions submitted that, the said Respondents have no objection if the custody of the said corpus i.e. Mr. Bhavarth remains with the Petitioner who is his biological father. He however requested that, Petitioner may be directed to give access to the said Respondents in future to meet their grandson.

3.

Learned Advocate appearing for Petitioner on instructions submitted that, the Petitioner is giving access of the said child to the 1/2

CAJ 31-Wp-5621-2019.odt Respondent Nos. 5 to 7 whenever they want. She further on instructions submitted that, Petitioner will continue to give access of Master Bhavarth to Respondent Nos.5 to 7 who are his in-laws, whenever they want except the period when Master Bhawarth is attending school or tuition. The said statement is accepted.

4.

In view of the above, present Petition for habeas corpus is worked out and is accordingly disposed off.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2