Shamshad Ahmad @ Sham v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1262 OF 2024 Shamshad Ahmad @ Sham ..

Petitioner

Versus

The State of Maharashtra and ors ..

Respondents ...

Mr.Siddharth Singh i/b Sanjay Singh for the petitioner. Ms.M.M. Deshmukh, APP for the State.

Mr.Sandeep Warpade, A.P.I, D.N. Nagar Police Station. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 5th AUGUST, 2024 P.C:- The Petitioner, who has pleaded that he has solemnized the marriage with one Sapnaben Jamod and who was residing together as husband and wife was taken away by respondent no.3, who was accompanied with Chowk Bazar Police Station, Surat City, Gujarat. The Petitioner has specifically pleaded that when the Police Inspector of Chowk Bazar Police Station along with respondent no.3 visited his house on 12/03/2024, her statement was recorded in D.N. Nagar Police Station that, she had solemnized her marriage as per Hindu Rites and customs and a copy of the statement was also provided to the petitioner.

However, on the pretext that her father was in the bad state of health, she was allowed to accompany her brother on the promise that, she will return after two days, however, till date she has Ashish

2/2 23 WP-1262-2024 .doc not returned back and this is the cause for filing a petition seeking issuance of Writ in the nature of Habeas Corpus to produce his wife before this Court, as she has been illegal detained in the custody of respondent no.3.

In this background, let the respondent no.5 Police Inspector of D.N. Nagar Police Station, take necessary steps to trace the corpus, with the help of respondent no.4. We also deem it necessary to issue notice to respondent no.3, by making the same returnable on 19/08/2024. The notice is permitted to be served through respondent no.5.

(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Ashish