Bharti W/O Prabhakar Tayde/Ragade v. The State Of Maharashtra And Others
crwp454.22 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 454 OF 2022 Bharti w/o Prabhakar Tayde/Ragade Age 44 years, Occ. Household R/o. Labour Colony, Vishwas Nagar Near Collector, Office DRT/25, Aurangabad District Aurangabad
...Petitioner
versus 1.
The State of Maharashtra Through its Secretary Home Department, Mantralaya, Mumbai 2.
The Director of General of Police Maharashtra State, Mumbai 3.
The Commissioner of Police Aurangabad 4.
The Police Inspector, City Chowk police Station Aurangabad 5.
Rahul s/o Tanaji Tayde Age 40 years, Occ. Advocate R/o. Behind Pawan Ganesh Temple Naralibag, Aurangabad District Aurangabad
...Respondents
.....
Mr. Ujwal S. Patil, advocate for the petitioner Mr. S. D. Ghayal, A.P.P. for respondent Nos. 1 to 4 Mr. M.L. Wankhede, advocate for respondent No.5 .....
CORAM : V. K. JADHAV AND SANDIPKUMAR. C. MORE, JJ.
DATED : 4th APRIL, 2022 ORAL JUDGMENT ( PER V.K. JADHAV. J.) :- 1.
Rule. Rule made returnable forthwith. By consent of the
crwp454.22 -2parties, heard finally at admission stage.
2.
The missing person viz. Prabhakar Piraji Tayde is now produced before us on wheel chair. He is also accompanied by his young son, aged 12 years. Learned A.P.P. has placed before us the police papers and the report submitted by P. S. I. Mr. Chabukswar, attached to City Chowk Police Station, Aurangabad. The concerned investigating officer has also recorded the statement of said Prabhakar Piraji Tayde. The said Prabhakar Piraji Tayde has stated before us that he is not detained by anyone. If at all there is dispute about the relations between the petitioner and said Prabhakar Tayde, it is for the parties to establish their rights before the competent Court, in accordance with law. However, since the said Prabhakar Tayde, who is brought before us has informed to us that he is not detained illegally by anyone, we direct the police to set him free forthwith.
3.
Rule of habeas corpus stands discharged. Writ petition is accordingly disposed of.
(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.) rlj/