Walmik Punjaram Pawar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CRIMINAL WRIT PETITION NO.89 OF 2022 WALMIK PUNJARAM PAWAR .. Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..Respondents ...

Advocate for Petitioner : Mr. S.S. Thombre APP for Respondent / State : Mr. S.D. Ghayal ...

CORAM : V. M. DESHPANDE AND SANDIPKUMAR C. MORE, JJ.

Dated :

April 21, 2022 ...

PER COURT :- .

This petition is filed by the petitioner for habeas corpus as his daughter by name Prajakta Walmik Pawar was not traceble from 27-09-2021.

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Shri. S. S. Thombre, learned Counsel for the petitioner submits that on 14-10-2021 in view of the oral report lodged by the petitioner - Walmik with Police Station Ghargaon of District Ahmednagar, a crime registered against 10 persons whose names are mentioned in the FIR vide Crime No.235 of 2021 for the offence punishable under Sections 363, 366 and 368 of the

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Indian Penal Code. The learned APP Shri. S. D. Ghayal submits that the investigation in that crime is going on. Be that as it may, this Court (Coram: V.K. Jadhav and Sandipkumar C. More, JJ.) on 27-01-2022 directed the respondents to produce missing girl namely Prajakta d/o. Walmik Pawar before the Court on or before next date. 3.

Today, when the matter was called, the learned APP Shri. Ghayal submitted that missing girl Prajakta Pawar is personally present in the Court. On enquiry with the girl, she stated that her name is Prajakta Walmik Pawar. Then the Court had asked for her proper identification. She tendered her Aadhar card for perusal of this Court, which shows that her name is Prajakta Walmik Pawar and her date of birth is 03-06-2002. Further she stated that she has already married with Nishad Manohar Gosavi, who was shown as accused no.1 in the crime. She has also produced the Marriage Certificate, which shows that she has married with Nishad Manohar Gosavi. Also, she produced the photo copy of certificate of her date of birth, which shows that her date of birth is 03-06-2002. The photo copy of the same is taken on record and marked as Exh.'X' for the purpose of identification.

4.

It appears that Prajakta is a major girl and has already

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attained the majority. Not only that, she being the major she was entitled to choose her life partner and accordingly, she has married with Nishad.

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In view of this development, learned Counsel for the petitioner rightly submits that the purpose for the petition would not now survive and therefore, he has instructions not to press this writ petition. Accordingly, this writ petition is disposed of as not pressed. 6.

Needless to mention, Prajakta is entitled to lead her life as per her wish.

( SANDIPKUMAR C. MORE, J. ) ( V. M. DESHPANDE, J. ) ...

Gajanan