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Judgment
A.H. Joshi, J. (Oral) - Heard learned Advocate for the petitioners, learned APP for the respondent nos.1 to 7 and learned Advocate Shri Jivan Patil for the intervenor - Smt.Supriya w/o Nikhil Desai.
Rule. Rule is made returnable. Service on respondent nos.8 and 9 is dispensed with.
This is a writ petition for habeas corpus.
According to the petitioners:-
[a] Supriya w/o Nikhil Desai has been kept by the respondent nos.8 and 9 almost in their detention.
[b] Supriya is shown on the pay-roll of the firm owned by the respondent no.8
[c] Corpus of Supriya should be produced before this Court.
After reading the papers, this Court had thought that it would be necessary to first examine the mobile call record of Supriya for getting primary satisfaction as to whether Supriya is freely contacting many persons and as to whether there exists something having semblance of detention.
Learned APP has produced the call records, copy of which is given to the learned Advocate for the petitioners.
When the case was called out, learned Advocate Shri Jivan Patil has tendered a criminal application purportedly filed by Smt.Supriya w/o Nikhil Desai. He informed the Court that she is present in the Court.
Learned Advocate Shri D.V. Soman also informed the Court that Smt.Supriya''s father - the petitioner no.2 is also present in the Court.
The genuineness of the person tendering the criminal application claiming to be Smt.Supriya was verified by questioning the petitioner no.2 and the Court, who recognises and confirms that his daughter Smt.Supriya, who is present in the Court, to be the same person who has tendered the criminal application today.
Learned Advocate Shri D.V. Soman expressed that this Court may question and/or record the statement of Smt.Supriya to satisfy whether Smt.Supriya is free from influence.
We have called Smt.Supriya before the Court and verified from her about her education, capacity to understand and whether she has signed the criminal application. She identifies and owns her signature at the foot of the verification of the affidavit of the criminal application to be her own and has once again signed on the criminal application before us.
The criminal application tendered by Smt.Supriya w/o Nikhil Desai is allowed. Registry to take steps to register it.
In this background, we are satisfied that the purpose of the petition for habeas corpus is served, and no further orders are required to be passed.
The writ petition is disposed of. Rule is discharged.