Abdullah Parvez Kardame v. State Of Maharashtra And ANR

1/2 11 wp 1423 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1423 OF 2024 Abdullah Parvez Kardame .... Petitioner

Versus

The State of Maharashtra and Anr.

.... Respondents .....

Mr.Ashish Dubey a/w. Saania Y. Mirza, Advocate for the Petitioner.

Mr.S.R. Shinde, Spl. P.P. a/w. Mr.D.J. Haldankar, APP for Respondent - State.

.....

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 1st JULY 2024.

P.C. :

On hearing counsel for the petitioner, it is evident that in the frst round, the petition seeking Writ in the nature of habeas corpus was withdrawn with liberty to adopt appropriate remedy.

Accordingly, the petitioner moved the Family Court at Bandra by fling Petition No.32 of 2022, wherein the respondent nos.2 and 3 marked their presence and stated that the custody of the minor daughter is with the mother, who is Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.07.02 13:11:02 +0530 RAJESHRI PRAKASH AHER working in UAE.

Rajeshri Aher

2/2 11 wp 1423 of 2024.doc In addition, respondent no.2 also moved an application before the Family Court, Bandra, to decide maintainability of the proceedings and for dismissal of the case. The application is fled on 20th April, 2023, is under consideration of the Family Court, Banrda, and needless to state that, it is open to the petitioner to contest the said application. In any case, he can also insist for respondent no.1's reply to be fled before the Family Court, Bandra, before he come to a conclusion that this Court once again shall exercise its writ jurisdiction and issue writ in the nature of habeas corpus. At this stage, since the proceedings are pre-mature, we are inclined to entertain the same, but, we confer the liberty upon the petitioner to approach this court once the State becomes right. Writ Petition stands disposed of.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Rajeshri Aher