Namdeo S/O Sadashiv Borkar vs Raju Udebhan Gajbhiye And 3 Others
2021 Latest Caselaw 6298 Bom

wp647.2020                                                                                                  1
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR


                           CRIMINAL WRIT PETITION NO. 647/2020
                                            Namdeo S. Borkar
                                                ...VERSUS...
                                          Raju U. Gajbhiye & ors.
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Office Notes, Office Memoranda of Coram,                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                              None for the petitioner
                              Ms. M. Kulkarni, Advocate for the respondent nos. 1 to 3
                              Shri T.A. Mirza, APP for the respondent no. 4

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                              CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

APRIL 08, 2021

This petition is filed by father of Vaibhav praying that the respondent no. 4 - Police Station Officer be directed to take steps to get Vaibhav released from the custody of the respondent nos. 1 to 3. In response to the notice issued by this Court, the respondent nos. 1 to 3 have filed their reply pointing out that MCA No. 128/2010 was filed by the present petitioner before the District Court, Chandrapur under Section 25 of the Guardian and Wards Act praying for grant of custody of Vaibhav and the application is dismissed by the learned District Judge - 2, Chandrapur by the judgment dated 25/10/2016. The copy of the judgment is placed on record. Learned advocate for the respondent nos. 1 to 3 has pointed out that the learned District Judge had framed the point for consideration as follows :-

ANSARI

"Whether the petitioner is entitled to have the custody of the minor son Vaibhav"

Learned District Judge answered the point in negative.

Undisputedly, Vaibhav is residing with his mother, maternal uncle and maternal grand mother. Undisputedly, Vaibhav has now become major inasmuch as now he is more than 18 years of age.

It is pointed out that the petitioner has suppressed the fact of filing of MCA No. 128/2010 before the District Court, Chandrapur and about its dismissal.

Considering the facts of the case, we are of the view that the prayer of the petitioner cannot be considered.

Hence, the writ petition is dismissed.

CRIMINAL APPLICATION (APPW) NOS. 69/2021 & 08/2021

In view of the dismissal of the criminal writ petition, these applications praying for modification of the order dated 10/03/2021 and for transfer of the Criminal Writ Petition No. 647/2020 do not survive. They are disposed accordingly.

                                        (JUDGE)                            (JUDGE)




ANSARI