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Bombay High CourtWP/390/2024dismissed

Mr. Sagar Mohan Mer And Another v. The State Of Maharashtra Thr.Its Secr. Ministry Of Social Justice And Spl Assi. Dep. Mantr., Mumbai

2024-07-10Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2024:BHC-NAG:7281-DB 49-wp390.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 390 OF 2024 Mr.Sagar Mohan Mer and another -Vs.- State of Maharashtra and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Y.B.Mandpe, Adv. for the petitioners.

Mr.H.D.Futane, APP for the respondents-State. CORAM: SMT. VIBHA KANKANWADI & MRS.VRUSHALI V. JOSHI, JJ.

DATE : 10TH JULY, 2024 The present petition has been filed by contending that the girls have been kept at hostel and the parents are not allowed to meet, thereby it is tried to be contended that the children are in illegal custody and under confinement. 2.

The girls have been produced before us and the matter has been taken at 5.00 pm in the Chamber. We have interacted with the girls. They have been given their age as 22 and 20 years respectively. They were categorical in statement that they were residing in the hostel as per their wish and nobody has confined them.

3.

The learned Advocate for the petitioners makes a request that the girls be sent for counselling and the parents should know as to why the girls do not want to go with the parents.

KHUNTE

49-wp390.24.odt 2/2 4.

The first and the foremost fact is that this is a Habeas Corpus petition and we are required to seek only the fact that whether there is detention or wrongful confinement of a person. Here the girls are major and when they are categorically stating that they are not confined by anybody, they would be the free citizens of this country to go anywhere to live anywhere. No question arises for sending them for counselling. We do not find this to be a proper forum for the same.

5.

In view of above, the petition stands dismissed. (MRS.VRUSHALI V. JOSHI, J) (SMT.VIBHA KANKANWADI, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 11/07/2024 10:52:13 KHUNTE