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Bombay High CourtWP/1403/2021disposed off

Usha W/O. Manoj Jadhav v. The State Of Maharashtra And Others

2022-02-03Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice S. G. Mehare2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1403 OF 2021 Usha Manoj Jadhav ....Petitioner

VERSUS

The State of Maharashtra and Others ....Respondents Advocate for Petitioner : Mr. R.D. Thorat AGP for Respondents : Mr. R.V. Dasalkar Mr. D.R. Wankhede, Police Naik, Kranti Chowk, Police Station, Aurnagabad CORAM : A.S. GADKARI AND S.G. MEHARE, JJ.

DATE : 03.02.2022 P.C. :

1.

Not on board. Taken on board.

2.

In furtherance of Order dated 20.01.2022, Mr. Dattatraya R. Wankhede, Police Naik, Kranti Chowk Police Station, Aurangabad, has produced before us Ms. Rasika Manoj Jadhav, aged about 21 years. The concerned Officer has also produced the record of enquiry conducted by him in furtherance of Missing Person Registration Complaint No. 27/2021 dated 25.08.2021.

3.

We have perused record of enquiry.

We have also interacted with Ms. Rasika Manoj Jadhav in open Court. She stated that, she was having affair with Mr. Aniket Uttam Gaikwad and has married with him at her own free will. She stated that, she does not want to go with petitioner and wants to live with Aniket

- 2 - WP1403.21 Uttam Gaikwad with whom she has married. She also stated that, though she was mentally hail and hearty, after getting knowledge by the petitioner that, she was having affair with Aniket Uttam Gaikwad, she was forced to take medicines for alleged mental illness by petitioner and other family members. She submitted that, she is in a proper and fit state of mind to take her own decision. After interacting with Ms. Rasika Jadhav, we noticed that, she is confident and able to take decision of her own. 4.

As Ms. Rasika Manoj Jadhav has firmly expressed her desire that, she wants to reside with Aniket Uttam Gaikwad, she being major, is at liberty to decide her well being.

5.

In view of the production of Ms. Rasika Manoj Jadhav, the present petition for Habeas Corpus does not survive and is accordingly disposed off.

[S.G. MEHARE, J.] [A.S. GADKARI, J.] SPC