Vinit Omprakash Tak v. The State Of Maharashtra Through Pso Ps Sadar Nagpur And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.

OF 20 Vinit Omprakash Tak-Vs-The State of Maharashtra and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------ -------------------------------------------------------------------------------------------------------- Mr.Akshay H.Joshi, counsel for the petitioner. Mr.A.B.Badar, A.P.P for respondent/s Mr.Yusuf Jameel Shaikh, counsel for respondent No.2. CORAM VINAY JOSHI & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 18th SEPTEMBER, 2024.

1.

Heard.

2.

This is a writ of habeas corpus. The petitioner alleges that he was in love with one Kusum Bano. Both decided to marry and for said purpose came to Nagpur. However, by deceitful means, she was taken away by two persons and handed over to her father. The petitioner has today produced the photograph to show that they had love relationship and the petitioner firmly believes that the girl is kept in confinement by respondent No.2 i.e her father.

3.

The learned counsel appearing for the respondent No.2-father submits that the contents of petition are totally false. He alleges that the petitioner has enticed his daughter, forcibly took her and had sexual relations against her will for which, his daughter (victim) has lodged the First Information Report dated 30.08.2024 of which copy is tendered. Precisely, he would submit that there is no merit in this writ petition since, the girl is not in confinement, rather she has filed Kavita

38-wp 688-24.odt 2/2 the report alleging rape against the petitioner. 4.

Looking to the First Information Report, the petitioner's learned counsel would submit that under the pressure of father, First Information Report has been lodged, but still he maintains that the girl is in confinement.

5.

Undisputedly, the daughter of respondent No.2 is a major meaning thereby everything depends upon her will and wish. We, deem it necessary to verify the things from the girl/lady herself. However, as she is presently staying with her father and she has lodged the report, we do not see it appropriate to ask the police to bring the girl before us. Such course would be inconvenient since, the lady is presently staying in village Degma, district Nagor, Rajasthan. In the circumstances, we wish to interact with a lady through V.C.

6.

We direct the Registrar (Judicial) to contact their counter part of Rajasthan High Court and make necessary arrangement to produce the lady through V.C. at nearest district court or taluka court.

7.

Registrar (Judicial) to take preliminary steps and submit the report on which we will fix up a date. 8.

Stand over to 26.09.2024.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 19/09/2024 17:13:33 Kavita