Krushna Sarjerao Nikalje v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 CRIMINAL WRIT PETITION NO.409 OF 2022 KRUSHNA SARJERAO NIKALJE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. S. M. Kamble APP for Respondents-State: Mr. S. J. Salgare ....

CORAM :

V. K. JADHAV AND SANDIPKUMAR C. MORE, JJ.

DATED : 28th MARCH, 2022.

....

P. C. :

1.

In this habeas corpus petition, the missing persons, eight in numbers, are produced before us at about 1.15 p.m. We have gone through their statements recorded by the police. They have stated in their respective statements that they had been to village Kubhargaon, Taluka Indapur, District Pune and they have no complaint against anyone. However, upon interacting with one missing Sarjerao Sukhdeo Nikalje, who appears to be the head of the family and elderly person, has stated before us that he and his family members have complaint against respondent no.6 Ganesh Nivruti Dhumal. According to him, he himself and his family members, who are now before us, have been wrongfully detained by

2 71 wp 409-22 respondent no.6 Ganesh Dhumal and he has also extended the beating to them during course of their wrongful confnement. 2.

Learned APP submits that one Police Nike- Sunil Gore, B.C. No. 206, Police Station Karmad has recorded the statements of the said Sarjerao Nikalje and other family members. Today API B. B. Rathod is present before us. We direct API Baba B. Rathod to record supplementary statements of all the persons excluding minors before us and take appropriate action in terms of the said supplementary statements.

3.

In view of above, we accordingly direct to set the missing persons produced before us at free forthwith after recording their supplementary statements excluding the minors. 4.

Rule of habeas corpus stands discharged.

5.

Criminal writ petition is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vsm/-