Bombay High CourtAPL/792/2015rule absolute

Shashank S/O Rushikumar Chandrakar v. State Of Maharashtra, Through P.S.O. P.S. Ranapratap Nagar, Nagpur And Another

2016-01-28Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

apl.792.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APL] No.792 of 2015 (Shashank Rushikumar Chandrakar vs.

State of Maharashtra, through P.S.O. Ranapratap Nagar, Nagpur and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.K. Bhangde, Advocate for the Applicant. Shri P.V. Bhoyar, A.P.P. for Non-Applicant No.1. Shri U.P. Dable, Advocate for Non-Applicant No.2. CORAM : B.P. DHARMADHIKARI AND V.M. DESHPANDE, JJ.

DATE : 28 th JANUARY, 2016.

Heard Advocate Shri Bhangde for the applicant, learned A.P.P. Shri Bhoyar for non-applicant No.1 and Advocate Shri Dable for non-applicant No.2.

In complaint lodged on 05/07/2015, non-applicant No.2 had disclosed age of his daughter allegedly kidnapped to be 19 years. A marriage certificate has also been produced before this Court and during investigation, the Police Station Officer has also collected that evidence. Thus, on the basis of document and statement, the fact of marriage of applicant with major daughter of non-applicant No.2 is also found to be proved. It appears that earlier there was a habeas corpus petition filed by non-applicant No.2 and the applicant as also daughter of non-applicant No.2 i.e. wife of applicant, were

apl.792.15 2/2 produced before this Court for verification. After verification, the habeas corpus petition was disposed of.

Non-applicant No.1 has also filed reply along with Annexure 'R-1' i.e. copy of order passed by Chhattisgarh High Court in WPCR No.141 of 2015, dated 10/07/2015 extending interim protection to the applicant and his wife. In this situation, it is apparent that efforts of nonapplicant No.2-father to initiate action under Section 363 of Indian Penal Code against the applicant is misconceived. We accordingly make rule absolute in terms of prayer clause (a).

Criminal application is thus allowed and disposed of. No costs.

JUDGE JUDGE *sandesh