Pradeep Tarachand Shambharkar v. State Of Maharashtra, Thr. Its Secretary, Gov. Of Mah. Home Ministry, Mantralaya, Mumbai And 3 Othr

1 Cri.W.P.85.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 85 OF 2021 Pradeep Tarachand Shambharkar, ..VS..

State of Maharashtra, through its Secretary, Govt. of Maharashtra, Home Ministry, Mantralaya, Mumbai and Ors., --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri Y. Y. Humne, Advocate for the petitioner. Shri S. M. Ghodeswar, Addl.P.P. for the respondent Nos.1 & 4. Shri S. S. Adhau, Advocate for the respondent No.2. CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 01.03.2021 Heard Shri Humne, learned counsel for the petitioner and Shri S. M. Ghodeswar, learned Addl. P.P. for the respondent Nos.1 and 4. Heard respondent No.2 - Smt. Sunita Pradeep Shambharkar, who is personally present in the Court along with her two children. She is accompanied today by her two children born out of the wedlock, eldest is the daughter Tanisha, aged about 13 years today and the youngest is a son Arush, aged about 9 years. We have also heard Shri Adhau, learned counsel for the respondent No.2. Nobody is present for respondent No.3. Service report on respondent No.3 is awaited.

2.

Shri Adhau, learned counsel for the respondent No.2 submits that, respondent No.2 is presently residing with her mother at Jammu and she

2 Cri.W.P.85.2021 has come all the way along with her two children by train to Nagpur just to inform this Court the fact that she has not been abducted by anybody. He also makes a request that the respondent No.2 and her children may be interviewed in the chamber today.

3.

Although, we have not issued any direction, expressing the need for interviewing respondent No.2 and the children so far, we think now that respondent No.2 and her two children are personally present before this Court and respondent No.2 states that it would be very difficult for her to come to this Court personally once again, and considering the long travel and especially the prevailing situation of second phase of Covid-19 pandemic, we would grant the request so made by the learned counsel for the respondent No.2. 4.

Accordingly, we direct that respondent No.2 along with her children shall be interviewed by us in the chamber. At that time, we would like to seek assistance of Shri S. M. Ghodeswar, learned Addl.P.P. or Smt. K. S. Joshi, learned Public Prosecutor, either of whom, may remain personally present along with respondent No.2 and her children.

Let the matter be kept in chamber at 02.00 p.m. today.

JUDGE JUDGE Kirtak