Gita Tukaram Kale v. State Of Mah. Thr. Addl. Commisioner Of Police Crime Branch Nagpur City Tah. Nagpur And Others.

2025:BHC-NAG:10045-DB 1 cr. wp 769.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 769 OF 2023 [Gita Tukaram Kale vs. The State of Maharashtra, through the Additional Commissioner of Police, Crime Branch, Nagpur City and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. R. L. Kadu, Advocate for the petitioner Mr. I. J. Damle, APP for the State/respondent nos. 1 to 3 CORAM: ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ.

DATED : 01-10-2025.

Heard.

2.

The petitioner seeks direction to the respondents to hand over custody of minor daughter to the petitioner. The custody as of now is with respondent no. 3 and, therefore, the counsel for petitioner submits that prayer should be read accordingly. Such a prayer without there being any substantive relief upon which such prayer is made cannot be granted. 3.

At this stage, learned counsel for the petitioner has invited our attention to Annexure - C, which is application dated 13-9-2023 made by the petitioner before the respondent no. 3 seeking custody of the child. The grievance of the petitioner is that her application has been not decided. 4.

Learned Additional Public Prosecutor has tendered reply and submits that the application has been decided on 25-10-2023. Copy of order is annexed with the reply as Annexure - 5. Learned counsel for the petitioner seeks permission to avail remedy as is available in law against said order. Liberty is granted.

2 cr. wp 769.2023 5.

The petition is disposed of accordingly.

(S. S. THOMBRE, J.) (A. L. PANSARE, J.) wasnik