Hirji Jeshabhai Chaudhary v. The State Of Maharashtra And ORS.

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2026.04.02 18:03:49 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1504 OF 2026 Hirji Jeshabhai Chaudhary

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. S.A.Shaikh a/w Mr. Shafi Shaikh & Ms. Vidya Kale for the Petitioner.

Ms. Mahalakshmi Ganapathy, Addl.P.P for the Respondent Nos. 1 to 3.

CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 30 th MARCH, 2026 P.C. :

1.

The petitioner has filed this petition with a grievance that his wife had left their matrimonial house on 5th March, 2026, leaving behind two young children aged 9 and 12 years. He did not know whereabouts of his wife. He approached the Police, but they had not taken any steps in finding her and therefore, he filed this petition for a 1/3

Writ of Habeas Corpus.

2.

Today, the respondent - Police Officers have brought the petitioner's wife to the Court. Learned Addl.PP, Ms. Ganapathy interacted with respondent No.3. She submitted before the Court that the petitioner's wife has left her matrimonial house on her own accord, willingly and she does not want to go back to her matrimonial house to stay with the petitioner. She resides with her friend and she wants to go back, to her friend. We also inquired from the petitioner's wife about her wish. She re-iterated what had told to the learned Addl.P.P. She also expressed apprehension about her safety because during the brief period when they interacted outside the Court room, even then the petitioner has threatened her. 3.

When we pointed all these to the learned Counsel for the petitioner and particularly, when the petitioner's wife made a statement that she does not want to go back with the petitioner to her matrimonial house, the learned Counsel for the petitioner did not 2/3

press this petition. Therefore, the petition is disposed of as not pressed. However, considering the apprehension expressed by the petitioner's wife, the Police Officers attached to Rabale Police Station shall accompany her to wherever she wants to go to ensure that she safely reaches her destination.

4.

With these directions, petition is disposed of as not pressed.

SANDESH D. PATIL, J.

SARANG V. KOTWAL, J.

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