Kalina Uddhav Athawale v. The State Of Maharashtra And ANR

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2024.07.12 15:52:37 +0530 RUSHIKESH VISHNU PATIL 1/2 26 WP.2914.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2914 OF 2024 Kalinda Uddhav Athawle ..

Petitioner

Versus

The State of Maharashtra and Ors.

..

Respondents ...

Mr. Prabhakar M. Jadhav, for the Petitioner.

Dr. Ashvini A. Takalkar, APP, for the State.

Mr. Arun Padhar, API, NRI Sagari Marg Police Station and Mr. Krushna Satpute, Head Constable, are present. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 8th JULY, 2024 P.C:- 1.

Issue notice to respondent Nos. 1 to 3. Dr. Takalkar, the learned APP waives notice on behalf of respondent Nos. 1 to 3. 2.

The petitioner seek issuance of writ in the nature of habeas-corpus against the respondents for seeking production of her daughter, aged 20 years, who went missing from her house since 04.05.2024. The petitioner had approached the NRI Sagari Marg Police Station, CBD Belapur, Navi Mumbai on 05.05.2024 for redressal of her grievance, and despite her repeated visits, her daughter is not traced.

R.V.Patil

2/2 26 WP.2914.2024.odt 3.

The learned APP, who represent respondent Nos. 1 to 3 make a statement that, upon the complaint being received, respondent No. 4 was attempted to be contacted on telephone, but there was no response. In any case, if the girl has gone missing, it is the duty of respondent Nos. 1 to 3 to trace her. Hence, we expect respondent No. 2 and 3 to track the girl, as the petitioner has provided telephone number of respondent No. 4 and also the address known to her.

Let the machinery move promptly before respondent No. 4 is cautioned, as it is the case of the petitioner that under the guise of marriage respondent No. 4 has detained her daughter. Let the necessary report be produced before us on 18.07.2024.

Re-notify to 18.07.2024.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) R.V.Patil