Riyaz Anwar Shaikh v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5773 OF 2019 Riyaz Anwar Shaikh

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

--- Mr. Mujahid Mulla for Petitioner.

Mr. Naveen Chomal for Respondent No. 5.

Mrs. S.V. Sonavane a/w. Mr. V.B. Konde-Deshmukh, APP for Respondent - State.

Mrs. Manjusha Parab, Police Inspector, Crime Branch present. --- CORAM : S. S. SHINDE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 12th DECEMBER 2019 PER COURT :

1.

This writ petition is filed seeking directions to first respondent to produce Ms. Sangita before this Court. There is further prayer that, after Ms. Sangita is produced before this Court, her custody may be handed over to the Petitioner.

2.

Pursuant to the notices issued to respondents, Ms. Sangita is produced before this Court by Mrs. Manjusha Parab, Police Inspector, Crime Bhagyawant

2/2 903-WP-5773-19.doc Branch (Crime against women). We have interacted with Ms. Sangita in the presence of learned APP Mrs. S.V. Sonavane. She stated that, she is not in a illegal custody and she is staying with her parents. She expresses her wishes to stay with her parents. Since she is major, we cannot accede to the prayer of the Petitioner to send her to shelter home. Since, Ms. Sangita is produced before us and upon interacting with her she stated that she is not in a illegal custody, we do not think that we can consider the prayer of the Petitioner to handover custody of Ms. Sangita to the Petitioner.

2.

Since Ms. Sangita is produced before this Court, the purpose of filing the present writ petition is served. Hence, writ petition stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.) (S. S. SHINDE, J.) Bhagyawant