Suresh Prabhakar Gaikwad v. The State Of Maharashtra And Others

2025:BHC-AUG:27257-DB cwp-1364.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 904 CRIMINAL WRIT PETITION NO. 1364 OF 2025 Suresh Prabhakar Gaikwad

VERSUS

The State Of Maharashtra And Others ...

Ms. Sunita G. Sonawane Advocate for Petitioner. Mr. A.D. Wange, A.P.P. for Respondent Nos. 1 to 3. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 26th SEPTEMBER, 2025 ORDER :

1.

Heard learned Advocate appearing for the petitioner. 2.

The petitioner prays for writ of habeas corpus for production of Smt. Nanda Prabhakar Gaikwad, who is stepmother of the petitioner and it is alleged that present respondent No.4, who is her cousin brother, has kept her against her wish. 3.

It is stated that the step-mother of the petitioner is mentally weak and blind. Even respondent No.4 has got sale

cwp-1364.25 deed executed in his favour of the property belonging to the step-mother.

4.

Along with the Petition there is no document to show that the step-mother was staying with the petitioner. It is stated that the father of the petitioner expired in 2007. Smt. Nanda is the first wife of the father of the petitioner and petitioner's mother Sulochana is stated to be the second wife. In the applications before the police inspector dated 17th September 2025 and to Talathi on 16th September 2025, regarding mutation entry that was taken after the sale deed, the petitioner has raised objection regarding the execution of the sale deed. However, there is absolutely no mention that since the death of his father the petitioner was looking after the step-mother. Documents are not attached and therefore, we do not take this to be a fit case where writ can be issued.

5.

The Writ Petition stands dismissed.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/SEP25