Aamer Bashiruddin Shaikh v. The State Of Maharashtra And Others
921-Criwp-1034-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1034 OF 2024 Aamer Bashiruddin Shaikh ....Petitioner
VERSUS
The State of Maharashtra and Ors.
.....Respondents .....
Mr. G. R. Syed, Advocate for the Petitioner Mr. S. S. Dande, APP for Respondent Nos.1 to 3 - State Mr. A. R. Gaikwad, Advocate for Respondent Nos.4 to 6 .....
CORAM
:
R. G. AVACHAT & NEERAJ P. DHOTE, JJ.
DATE :
14.06.2024 PER COURT :
1.
This Petition under Article 226 of the Constitution of India for issuance of Writ of Habeas Corpus is fled for directions to produce Ms. Bagwan Sabeen Anjum Abdul Gani @ Sabeen Anjum W/o Aamer Shaikh before this Court. It is the contention of the Petitioner that Respondent Nos.4 to 6 who are the parents and brother respectively of the said person who is directed to be produced before this Court.
2.
Pursuant to the notice issued by this Court, Respondent Nos. 4 and 6 and the said person - Ms. Bagwan Sabeen Anjum Abdul Gani @ Sabeen Anjum w/o Aamer Shaikh are present before the Court.
921-Criwp-1034-2024.odt 3.
Considering the subject matter of Petition, the matter is taken up in the Chamber.
4.
Learned Advocate for the Petitioner, learned APP for Respondent Nos.1 to 3 and the learned Advocate for Respondent Nos.4 to 6 are present.
5.
The Petitioner claims to be the husband of the said person - Ms. Bagwan Sabeen Anjum Abdul Gani @ Sabeen Anjum W/o Aamer Shaikh. We interacted with the said person / women by name Ms. Bagwan Sabeen Anjum Abdul Gani @ Sabeen Anjum W/o Aamer Shaikh. She gave her age as 22 years. There is no dispute that she is major by age. She informed that she had willingly gone to her parents i.e. Respondent Nos. 4 and 5 and wanted to stay with them. She submitted that her decision to go and stay with her parents i.e. Respondent Nos.4 and 5 was out of her own free will and wish. Since she is major by age, we leave it to her discretion. 6.
In view of above, nothing survives in the Petition and the same stands disposed of accordingly.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 14/06/2024 18:27:19 Sameer