Mr. Sunil Maruti Yadhav v. The State Of Maharashtra And ANR

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1481 OF 2015 WITH CRIMINAL APPLICATION NO. 314 OF 2015 Mr. Sunil Maruti Yadhav ..Petitioner Vs.

The State of Maharashtra & Ors.

..Respondents.

----- Mr. Vaibhav V. Ugle, for Petitioner.

Smt. V.R. Bhonsale, APP for State.

----- CORAM: B.P. DHARMADHIKARI & A.S. GADKARI, JJ.

10th August 2015.

P.C.

In writ petition a maternal brother of mother of a allegedly missing girl is seeking habeas corpus against his brother-in-law and stepmother of the girl. The papers on record do not show that the girl Sonali has gone missing. Petitioner is blaming her father Deorao and police complaint shows that the alleged incidence has taken place in Ahmadnagar District i.e. within the jurisdiction of Aurangabad Bench of this Court.

Petitioner had approached Aurangabad Bench. That bench has found that as per allegations, the girl has gone missing from Pandharpur and therefore petition has been disposed of with liberty and present petition thereafter has been filed at principle seat.

We have asked the learned Counsel for the petitioner to show any definite statement anywhere i.e. either in present petition or in police complaint demonstrating that Sonali has been missing from Pandharpur. There is no such statement anywhere. Petitioner is not in a position to point out the school in which Sonali was taking education and also has not pointed out where Sonali should have been normally, had she not been missing. In absence of this data, it is not possible to take cognizance of this matter. However, as the grievance is being made about girl child and the learned Counsel upon instructions states that she is deaf and dumb, we grant petitioner liberty to move appropriate police complaint giving necessary details on lines mentioned supra and such other facts as the petitioner may find necessary to disclose to police. With this liberty and keeping all contentions of the petitioner as well as respondent-State open, we dispose of the petition. No costs. (A.S. GADKARI,J.) (B.P. DHARMADHIKARI,J.)