Satvshila Alias Ashwini Anil Bade v. The State Of Maharashtra And Others

2025:BHC-AUG:5907-DB crwp247.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL WRIT PETITION NO. 247 OF 2025 Satvshila alias Ashwini Anil Bade

VERSUS

The State of Maharashtra and others ...

Advocate for the Petitioner : Mr. S.G. Jadhawar APP for Respondents: Mr. V.K. Kotecha .....

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

DATED : 28th FEBRUARY, 2025 PER COURT :- 1.

Issue notice to the respondents. Learned A.P.P. waives notice for all respondents.

2.

Learned A.P.P. is producing a copy of communication from respondent No.4 to him of today's date, which is taken on record by marking it Exhibit "X". As per the say, it is stated that the husband of the present petitioner was arrayed as an accused in Wisarpadi police station, Chennai, State of Tamilnadu. Therefore, the police from Wisarpadi police station had come to Kaij police station for help, when the police official from Nandurghat police Chowki had tried to search the husband of the petitioner, he fled away. He was found on 18.02.2025 and then it is stated that the enquiry was made with him as well as the petitioner and it was told that the police from Wisarpadi

crwp247.25 -2police station are taking him away in connection with C.R. No. 426 of 2024, registered under Sections 331(3), 305 of Bhartiya Nyay Sanhita, 2023. It also appears from the annexure "A" i.e. representation given by the present petitioner to the S.D.P.O. Kaij, dated 22.02.2025, that she was aware about handing over her husband to Tamilnadu police. Under such circumstances, the petition for habeas corpus will not lie. However, if any other right is available to the petitioner, then she may exercise it independently. 3.

With the above observations, we dispose of the writ petition.

(SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/