Atul Raghunath Tiwale v. State Of Maharashtra And ANR
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.980 OF 2024 Atul Raghunath Tiwale ] ..
Petitioner vs.
State of Maharashtra & Anr.
] ..
Respondents Mr.Harshad Sathe a/w Abhayraje Kapase and Shubham Gangan for the Petitioner.
Ms.S.S. Kaushik, APP for the State.
PHC Balaji Gurav, Karveer Police Station present. CORAM :
BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.
DATE :
11th JUNE, 2024.
P.C.
1] In terms of the directions issued by this Court (Vacation Court) on 29.05.2024 the learned APP has placed on record report from PI Karveer Police Station, District Kolhapur.
by RAJSHREE KISHOR MORE Date:
2024.06.12 10:40:05 +0530 RAJSHREE KISHOR MORE 2] The report has narrated the details of the search that is carried out, for the missing woman, Smt.Khushbu @ Priyal Tiwale, and it is disclosed that on inquiry with her uncle Suresh Raval, as well as one Shri Vishram Kumavatr, where she was known to have been residing for some point of time, on a frantic search, she could not be traced. The report indicate that she is in the company of her mother Sunni and her father Amrutlal and uncle Khetaram Raval, who are residents of district Jalor, State of Rajasthan and from 01.06.2024, their 1/3
mobile phones are also switched off and therefore, the location could not be tracked.
3] It is unfortunate that a woman who is mother of six months old child, which is presently with the Petitioner has gone suddenly underground and the police machinery of two States i.e. State of Rajasthan and State of Maharashtra are unable to trace her. It is evident that after the order is passed by this Court, on 29.05.2024, the mobile phones of the parents and uncle of the woman are switched off. As indicated in the order dated 29.05.2024, the Respondent No.2 is avoiding to mark appearance only with a view that the proceedings will get adjourned.
In the order dated 29.05.2024, it is categorically remarked that the stand adopted is improbable and inexplicit, as she had given birth to a child and she had abandoned her newly born child and the Petitioner's apprehension that she is intentionally kept away from him, is not unfounded.
4] The efforts on part of the Superintendent of Police, District Kolhapur, are in our opinion superficial, as what is attempted to be done is only proceeding to the village and making some formal inquiry with the persons, who have not been able to give the whereabouts of the missing woman.
From the report, it is evident that the grandparents have immovable property in the village and definitely the police machinery should be able to track the woman's parents, who are residents of district Jalor and if the whole family belongs to district Jalor, their roots must be tracked, in order to reach them and ultimately reach the missing woman.
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5] Before we issue a warrant so as to secure the presence of the woman, we deem it appropriate to give one opportunity to the Superintendent of Police, Kolhapur, to track the woman by taking effective steps as we have already noted that the steps taken are merely superficial.
6] This order shall be communicated to the Superintendent of Police, Kolhapur, by the learned APP, who shall personally supervise the search operation by deputing the competent officers and also by securing assistance from the Superintendent of Police, District Jalor and State of Rajasthan.
Let such report be produced before this court on or before 20.06.2024, on Affidavit of the Superintendent of Police, Kolhapur. Re-notify to 21.06.2024.
[MANJUSHA DESHPANDE, J] [BHARATI DANGRE, J] 3/3