Bombay High Court
Dhanyakumar Ambadas Waykos vs The State Of Maharashtra And ... on 21 March, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
107 CRIMINAL WRIT PETITION NO.13 OF 2021
1. DHANYAKUMAR AMBADAS WAYKOS
age 54 years, occ. grocery shop,
R/o Jagdishwar Nagar, Ambad Road,
Jalna, Tq. & Dist. Jalna. ... Petitioner...
VERSUS
1. THE STATE OF MAHARASHTRA
through Police Sub Inspector,
Phulambri (Aurangabad Rural)
Police Station, Tq. Phulambri,
District Aurangabad.
2. The District Superintendent of Police,
Aurangabad,Dist. Aurangabad. ..Respondents..
...
Advocate for Petitioner : Mrs. Sangeet Minakshi L.
APP for Respondents: Mr. S J Salgare
...
CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ.
Dated: March 21, 2022
...
ORAL JUDGMENT :- (Per V K Jadhav, J.)
1. Rule. Rule made returnable forthwith. By consent of
the parties, heard fnally at admission stage.
2. By order dated 17.3.2022 missing girl Aditi Waykos
was produced before us by the relatives and the petitioner,
however, we have directed the petitioner to take the
missing girl Aaditi to the concerned police Station and
after completing the formalities of recording her statement
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etc. directed to produce the girl Aaditi before this Court
today. Accordingly, missing girl Aaditi is produced before
us at 02.30 p.m.
3. We have carefully gone through the statement of the
missing Girl Aaditi recorded on 17.3.2022 by Shri Jaydatta
B. Bhawar, Sub Divisional Police Offcer, Sub Division,
Aurangabad Rural, Aurangabad. It appears that missing
girl has made serious allegations against one Aaksh and
some other persons. However, crime bearing crime no.321
of 2020 for the offence punishable under sections 363,
109 of IPC came to be registered against said Akash and
his mother Chandrakala. It further appears that on the
basis of the statement of missing girl Aaditi recorded on
17.3.2022 offence punishable under sections 366, 3762(n)
of IPC and section 4, 6 of the POCSO Act came to be
added in connection with the said crime.
4. We have interacted with the girl Aditi. She has told
her age as 18 years and 2 months, however, as on the date
of the incident she was less than 18 years of age. She has
made severe allegations against said Aakash Pawar. We
are not going to reproduce the said allegations here.
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Investigation in connection with the said crime no.321 of
2021 is under progress. The girl Aaditi has stated before
us in the open Court that she wants to go to her parents
house.
5. The learned counsel for the petitioner, on
instructions from the petitioner, who is present in person,
submits that, the mother of the girl Aaditi is ready to take
Aaditi to the house. Learned counsel for the petitioner, on
instructions from the petitioner, has assured this Court
that the girl Aaditi will be treated softly, with due care and
caution and there will be no trouble to her in any manner.
In view of the same and since the girl Aaditi has now
attained the majority, she may go to her mother's house as
per her desire. We discharge the rule of habeas corpus.
Writ Petition is accordingly disposed off.
( SANDIPKUMAR C. MORE, J. ) ( V.K. JADHAV, J. )
...
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