Vishal Appa Khamgal v. The State Of Maharashtra And Others

2024:BHC-AUG:6961-DB 1 Cr. W..P. 553 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 553 OF 2024 VISHAL APPA KHAMGAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for petitioner : Mr. Y.R. Shinde h/f. Mr. Rahul R. Karpe APP for the respondent - State : Mr. N.R. Dayama Advocate for respondent no. 5 : Mr. N.R. Thorat ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 1 APRIL 2024 PC :

The petitioner claiming to be the husband of the girl has been seeking a writ of habeas corpus.

2.

The learned advocate Mr. Thorat submits that he has instructions to appear on behalf of the respondent no. 5 who is her brother in law (husband of sister).

3.

The girl Shivani Gorakh Gangarde appeared before us in the open Court. In view of the complexity of the issue, we thought it appropriate that we should have interaction with her by taking her in confidence, in the chambers.

4.

Accordingly, at around 2:25 pm, we interacted with her in the chambers. She did not appear to be under any stress and

2 Cr. W..P. 553 / 2024 volunteered by saying that she has been happily residing at the parental home with her parents.

5.

When we confronted her with the statement, purportedly recorded by the concerned Police Head Constable and bearing her signature stated to have been recorded on 03-03-2024, after reading it, she confirms the correctness of the contents and even admits her signature thereon. She states her date of birth as 08-11-2005. 6.

She being major and voluntarily residing in the parental home, having no grievance to make or any apprehension being entertained by her, we set her to go wherever she wants. She states that she would want to continue to stay with her parents. 7.

Petition is disposed of.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/