Sagar Sanjay Dhage v. The State Of Maharashtra And Others

2025:BHC-AUG:2417-DB crwp17.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 17 OF 2025 Sagar Sanjay Dhage versus The State of Maharashtra and others .....

Advocate for the petitioner: Mr. Amol R. Gaikwad A.P.P. for respondents: Mr. A.R. Kale .....

CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATED : 29th JANUARY, 2025 PER COURT :- 1.

Not on board. On being mentioned, taken on board. 2.

The missing girl has been produced before us in chamber at 4.30 p.m. The intimation about her production was given to the learned counsel for the petitioner. We have made enquiry with her. She admits that she had performed marriage with the petitioner and though there was prosecution against the petitioner i.e. Special case POCSO No. 193 of 2019, yet Special Judge under the POCSO Act, Aurangabad had acquitted him on 17.06.2022.

3.

The petitioner contends that under the order of the court dated 20.8.2021, the present girl and her son born from the petitioner, were kept at remand home, Jalna. But after acquittal and

crwp17.25 -2after attaining the majority by the girl, she started residing with the petitioner. It is say of the petitioner that the parents of girl had contacted him and sought help in respect of some domestic responsibility and therefore, the girl had gone alongwith her son at her parents' home and then she has been detained against her wish. 4.

The girl admits that she was detained by tying with a chain at the house of respondent Nos 4 and 5. Now she wants to go with the petitioner-husband. Accordingly, we direct that the custody of the girl and the son be given to the petitioner. In view of the girl being brought and then arrangements have been made for her safe custody, we dispose of the writ petition with further direction to Bhokardan, police station, district Jalna, to safely transport the girl and the petitioner to the house of the petitioner at Misarwadi, Tq. and district Aurangabad and if the petitioner makes any application to CIDCO N-7, police station, Aurangabad, then the Police Inspector of the said police station to consider it positively. Learned A.P.P. to give direction accordingly to the concerned police station. 5.

Parties to act on authenticated copy of this order. (SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/