High CourtsDivision Bench(2022) 04 BOM CK 0011

Lalitabai vs State Of Maharashtra And Others

Bombay High Court · Decided on 4 April 2022

HON’BLE JUDGES
V. K. Jadhav, J · Sandipkumar. C. More, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No.1512 Of 2021

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Judgment

6 paragraphs · 260 words

V.K. Jadhav, J

1.

Rule. Rule made returnable forthwith. By consent of the parties, heard finally at admission stage.

2.

The missing person viz. Bharat Namdeo Chavan is now produced before us by A.P.I. Mr. Ramesh M. Chavan, Chalisgaon Rural police station. The learned A.P.P. has submitted the report of A.P.I. Mr. Chavan and the statement of missing person Mr. Bharat Chavan recorded during the course of inquiry. On perusal of the same, it appears that though the missing person Mr. Bharat Chavan was subjected to some harassment and ill-treatment by Sachin Nagwade and Ajinkya Nagwade, however, missing person Mr. Bharat ran away and he was not under detention. It appears that this pertains to monetary transaction in respect of supply of labour for cutting the sugarcane.

3.

When we have interacted with Mr. Bharat, he has stated before us that he was detained by Sachin Nagwade during the said period. However, it appears that he has stated something different in his statement recorded by the police on 4.4.2022. However, the missing person Mr. Bharat is 40 years of age and he wants to return to his house situated at Kargaon Tanda No.3, Tq. Chalisgaon, District Jalgaon. Thus, the missing person Mr. Bharat is at liberty to stay at the place of his choice. He be set at free forthwith.

4.

On the basis of complaint of missing person viz. Bharat, if any, it is for the concerned police to apply the mind and register the crime.

5.

Rule of habeas corpus stands discharged. Writ petition is accordingly disposed of.