Shailesh Gupta v. State Of Maharashtra And ORS
WAKLE MANOJ JANARDHAN Manoj 8-WP-402-2025.doc WAKLE MANOJ JANARDHAN Date: 2025.11.18 19:11:15 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.402 OF 2025 Mr. Shailesh Gupta
...Petitioner
V/s.
The State of Maharashtra & Ors.
...Respondents
Mr. Afsar Ansari i/by Mr. Pramod Pandey, for the Petitioner. Mrs. Sangeeta D. Shinde, APP for the Respondent-State. CORAM: BHARATI DANGRE, & SHYAM C. CHANDAK, JJ.
DATED : 17th NOVEMBER, 2025.
P. C. :- 1) The proxy Counsel appearing for the Counsel for the Petitioner informed that since the Counsel is in Kolhapur, he is not able to attend the proceedings.
2) With the able assistance of the learned APP, we have perused the Petition filed by the brother of Mr. Ramkrupal Sudama Gupta @ Sonu who went missing and the Petition seek relief of his production though prayer clause (e) of the Petition seek relief of his release from unlawful custody of Respondent Nos.2 and 3.
3) Responding to the Petition and the grievance made therein, in the wake of the Order passed by this Court on 31st January, 2025, we have perused the Affidavit filed by the Police Sub-Inspector attached to the 1/3
Manoj 8-WP-402-2025.doc Vishnu Nagar Police Station, Dombivali (West), Thane City where in great detail he has narrated the steps taken in search of the missing person pursuant to the complaint being lodged on 02/08/2024. The Affidavit in great detail referred to the statements of the Petitioner as well as Mr.Alok Singh and his workers - Rajkumar Kishanlal Gaud and Baljit Surendra Paswan who had last seen the missing person speaking on mobile on the bridge.
The Affidavit further state that the missing information was circulated to nearby police stations and to the Police Casual Department of Police Commissioner and for publication as regards the information on 02/08/2024.
Attempt was also made to search him in the creek as, according to the three persons who were present on the bridge while he was seen at one moment, they heard something heavy falling into water and suspecting that he might have jumped or fallen in water, the exhaustive search was carried out. The missing cell of Narpoli Police Station was also contacted and after registering of the missing case, the whats app messages, CCTV cameras were searched to find out whether any information about missing of person could be obtained. Pursuant to the necessary inquiry being carried out, the detailed Report of inquiry was also submitted to the Office of the Hon'ble Chief Minister as well as the CMO Office, Thane. 2/3
Manoj 8-WP-402-2025.doc 4) On perusal of the Affidavit we are satisfied about the steps that has been taken in search of the missing person, however since it is not feasible for us to keep the Petition pending indefinitely and monitor the search on day-to-day basis, by directing the missing bureau/cell from the Vishnu Nagar Police Station, Dombivali (West), Thane City to continue with the search and appraise the Petitioner about any developments, we dispose of the Writ Petition.
(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) 3/3