Bombay High Court
Kavita W/O. Dnyaneshwar Jadhav vs The State Of Maharashtra And ... on 6 August, 2021
Bench: V.K. Jadhav, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 827 OF 2021
Kavita W/o Dnyaneshwar Jadhav
Age : 35 years,Occu: Household,
R/o Sangvi, Taluka Chalisgaon,
District Jalgaon ...Petitioner
Versus
1. The State of Maharashtra,
Through the Secretary,
Home Department, Mantralaya, Mumbai.
2. The Superintendent of Police,
Jalgaon, District Jalgaon.
3. The Police Inspector,
Chalisgaon Police Station (Rural),
Chalisgaon, District Jalgaon. ...Respondents
Mr R.B. Ade, Advocate for Petitioner
Mr Mahendra M. Nerlikar, A.P.P. for Respondents-State
CORAM : V.K. JADHAV AND
SHRIKANT D. KULKARNI, JJ.
DATE : 6th AUGUST, 2021
ORAL JUDGMENT : (PER V.K. JADHAV, J.)
1. Not on Board. Taken on Board.
2. By consent of the parties, heard finally at admission stage.
Rule. Rule made returnable forthwith.
3. The Missing Dnyaneshwar Damu Jadhav is produced before us
today at about 3.30 p.m. He was found at Hadalsang Tanda No.6, Tal.
Indi, Dist. Vijapur, State of Karnataka. The P.S.I. of Chalisgaon Rural
Police Station, Chalisgaon has recorded the statement of Dnyaneshwar in
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detail. As per his statement, on 16.03.2021 at about 11.00 a.m. his second
wife Jayshree along with their son went to Bhardgi Tanda, Tal. and Dist.
Vijapur, State of Karnataka without informing anyone in the house. Thus,
the missing Dnyaneshwar has lodged the missing report bearing
No. 11/2021 on 17.03.2021 at Chalisgaon Rural Police Station. However,
on 25.05.2021, he was informed by his second wife Jayshree from
Karnataka on phone that their son Shrihan was not feeling well and thus,
asked him to come at the said Tanda, Post Bharadgi, Taluka and District
Vijapur, State of Karnataka. Thus, on 29.05.2021 at about 5.00 p.m.,
missing Dnyaneshwar has left village Sangvi, Tal. Chalisgaon on
motorcycle and reached to said Bhargadi on 30.05.2021. There are certain
allegations against the maternal father-in-law Dhondu Tukaram Rathod
and his brother Subhash Tukaram Rathod. It has been further stated by
him in the Police statement that there was some money transactions
between them and since missing Dnyaneshwar has not repaid their
amount, he was kept in Bhardgi Tanda No. 4, Post Bharadgi, Tal. & Dist.
Vijapur, State of Karnataka. However, according to him, he was not
detained and he was given the food with the good treatment. He further
stated in the Police statement that he has no complaint against anyone.
4. We have also interacted with missing Dnyaneshwar in the open
court. He stated that he has no complaint against anyone.
5. The learned counsel for the petitioner informs that the petitioner
Kavita is present outside of the court and it is also informed to us that the
missing Dnyaneshwar would be residing with his two wives at village
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Sangvi, Tal. Chalisgaon. Missing Dnyaneshwar has also informed to us
that he would happily reside with his two wives at village Sangvi, Tal.
Chalisgaon and he has no complaint against anyone.
6. In view of the same, since missing Dnyaneshwar is a major
person, we direct the Chalisgaon Rural Police Station, Chalisgaon to set
free the missing Dnyaneshwar Damu Jadhav.
7. We accordingly discharge the Rule of Habeas Corpus and
dispose of this writ petition.
[ SHRIKANT D. KULKARNI, J. ] [ V.K. JADHAV, J. ]
mta
