Vijayalaxmi W/O Satish Sharma And ANR v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1030 OF 2016 Saw. Vijayalaxmi w/o Satish Sharma and another

...Petitioners

VERSUS

The State of Maharashtra and others

...Respondents

.....

Shri S.V.Warad, advocate for petitioners Shri A.R.Borulkar, A.P.P. for respondents/State .....

WITH CRIMINAL APPLICATION NO. 4792 of 2016 [Namrata d/o Satish Sharma vs Saw.Vijayalaxmi w/o Satish Sharma and ors.] .....

Shri Gaurav L. Deshpande, advocate for applicant Shri S.V.Warad, advocate for respondent nos. 1 & 2 Shri A.R.Borulkar, A.P.P. for respondents/State .....

CORAM : S.S.SHINDE AND SANGITRAO S.PATIL, JJ.

DATED : 24.08.2016 PER COURT :- The petition was filed basically for issue of Writ of Habeas Corpus for production of one

Namrata, aged about 18 years, who was allegedly kidnapped.

2.

The learned counsel for the petitioners (i.e. the parents of Namrata) submits that directions may be given for medical examination of Namrata and she may be directed to join her parents house.

3.

In pursuance of the notices issued to the respondents, learned A.P.P. received instructions through Shri Shriram Baliram Paul, Police Inspector, Police Station Beed City. He submits that Namrata has not been confined by anybody and that she is residing separate from her parents at her own.

4.

The learned counsel appearing for Namrata submits that on reading the news item flashed in daily news paper "Sakal", Namrata contacted him and requested him to cause appearance on her behalf. He states that Namrata is major. She is

residing separate from her parents at her own volition.

5.

The said Namrata herself is present in the Court hall. There is no dispute about her identity.

6.

On interaction with her, she states that she is major. She is residing separate at Ambajogai at her own wish. Earlier she was serving at Pune. Upon specific query to her whether she desires to reside with the petitioners (i.e. her parents), she states that she wants to reside separate and does not wish to go to her parents' house.

7.

Admittedly, the date of birth of Namrata is 24.9.1997. She is stated to have been missing since 15.10.2015, when she had already completed her age of 18 years. Namrata states that she wants to reside separately from the petitioners. She is quite competent to take her own decisions.

In the circumstances, no further directions/orders could be given in this matter. Namrata would be at liberty to move as per her wish.

8.

Criminal Writ Petition stands disposed of.

9.

In view of the disposal of this Writ Petition, Criminal Application No. 4792 of 2016 does not survive and same stands disposed of. (SANGITRAO S. PATIL, J.) (S.S.SHINDE, J.) dbm/crwp1030.16