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Bombay High CourtWP/1379/2025dismissed

Sham Lukas Bramhane v. The State Of Maharashtra And Others

2025-12-09Hon'Ble Shri Justice Sandipkumar C. More,Hon'Ble Shri Justice Y. G. Khobragade2 pages

(1) 937 Cri.WP-1379.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CRIMINAL WRIT PETITION NO. 1379 OF 2025 SHAM LUKAS BRAMHANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Nilesh Bhagwat, Advocate for the petitioner. Mr. V.M. Jaware, A.P.P. for respondents-State. ...

CORAM : SANDIPKUMAR C. MORE AND Y.G. KHOBRAGADE, JJ.

DATED : 9 DECEMBER 2025.

Per Court :

1.

The petitioner is seeking direction for issuance of writ of Habeas Corpus in respect of his missing wife and daughter. However, on going through the applications dated 26.11.2024 made to Loni Police Station as well as Shrirampur Police Station, it is clearly evident that there was matrimonial dispute between the petitioner and his wife and the allegations are that, after birth of daughter, the wife, on her own, deserted the petitioner. Further, it appears that the relative of the wife did not allow the petitioner to visit his daughter. Therefore, it is not a fit case for issuance of writ of Habeas Corpus, as prayed. On the contrary, petitioner may agitate his grievance before the appropriate court in respect of his matrimonial dispute and custody matter.

(2) 937 Cri.WP-1379.2025.odt 2.

In view of above, the petition is dismissed.

3.

The fees of learned counsel appointed on behalf of the petitioner through Legal Services Authority, High Court, Aurangabad be quantified as per rules and paid to him expeditiously.

(Y.G. KHOBRAGADE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde