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Bombay High CourtWP/313/2019dismissed

Uday Harish Kavale v. State Of Mah, Thr. P.So. Kalamna, P.So. Kalamna, Nagpur

2019-04-24Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

1 wp313.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.313 OF 2019 (UDAY HARISH KAVALE...VS.. STATE OF MAH. THR. PSO, PS KALAMNA, NAGPUR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K.Neware, Advocate for Petitioner.

Shri M.K.Pathan, A.P.P. for Respondent.

CORAM : Z.A.HAQ AND VINAY JOSHI, JJ.

DATED : APRIL 24, 2019.

Heard.

2.

By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for writ of Habeas Corpus directing the respondents to release Ms Vaishnavi daughter of Giridhar Meshram from Vanita Vikas Remand Home, Civil Lines, Nagpur.

3.

According to the petitioner, both of them i.e. petitioner and Ms Vaishnavi Giridhar Meshram love each other and intend to marry, however, the marriage is required to be postponed as the petitioner has not attained majority. 4.

By order dated 15th April 2019, we directed issuance of notice to the respondent. It was also directed that the respondent shall ensure that Ms Vaishnavi Giridhar Meshram is kept present before this Court on the returnable date.

2 wp313.19 5.

Today, Ms Vaishnavi Giridhar Meshram has appeared. She is identified by Shri A.K. Neware, Advocate appearing for the petitioner. The affidavit sworn by Ms Vaishnavi Giridhar Meshram on 24th April 2019 is placed on record. It is stated that she is 23 years old. It is stated that as she wants to marry the petitioner, her father has disowned her and on his complaint the petitioner was sent to the Remand Home. It is stated that after notice of this petition is issued, the Police Authorities had called her father and after taking some application from him, have released her from Remand Home on 20th April 2019. It is stated that she is now residing with the family of the petitioner at his house as per her freewill.

6.

In the above facts, nothing survives in this petition. Hence, the writ petition is disposed accordingly. No costs.

(VINAY JOSHI, J.) (Z.A.HAQ, J.) RRaut..