Ashok Rajaram Yadav vs State Of Maharashtra And Ors
2026 Latest Caselaw 5318 Bom

Bombay High Court

Ashok Rajaram Yadav vs State Of Maharashtra And Ors on 20 May, 2026

2026:BHC-AS:22682-DB
            Digitally
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            RUPALI
  RUPALI    RAJESH                                                              20-WP-2085-2026.doc
  RAJESH    WAKODIKAR
  WAKODIKAR Date:
            2026.05.22
            15:09:34
            +0530
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 2085 OF 2026


                   Ashok Rajaram Yadav                                  ...Petitioner
                        Versus
                   The State of Maharashtra & Ors.                      ...Respondents

                   Mr. Himanshu Gupta for the Petitioner.

                   Ms. Shilpa G. Talhar, Assistant Public Prosecutor, for the Respondent-State.

                   PSI Gaikwad, I.O and PSI Mrs. Khose from MHB Colony Police Station,
                   present.

                   PSI Doke from Borivali Police Station, present.

                                                CORAM : GAUTAM A. ANKHAD &
                                                        SANDESH D. PATIL, JJ.

DATE : 20th MAY, 2026 (VACATION COURT)

P.C. :

1. The minor child has been produced in the Court by the Police.

Ms. Shilpa G. Talhar, learned APP tenders a copy of the order of

Appointment of Support Person for a child under Protection of Children

from Sexual Offence Act, 2012 (POCSO/ITPA) by which Rescue

Foundation has been appointed as Support Person to provide support for

20-WP-2085-2026.doc

the minor child. A copy of the said order is taken on record and marked

"X" for identification.

2. The corpus is present in Court. We had specifically asked her

as to whether she has any objection to go back to her parents. She had told

us that she had no complaint against her parents and she wanted to go back

to her parents and that she had fled away due to certain pressure exerted by

some persons.

3. The Petitioner admittedly is the father of the corpus. The

corpus - Ms. 'P' is merely 15 years 7 months old and that she had fled away

from the house of her parents. She is traced and she is at present kept with

the Rescue Foundation.

4. In this premise, taking into consideration the fact that the

Petitioner is the father of the corpus - Ms. 'P' and further taking into

consideration that Ms. 'P' wants to go to her parents, it is in the interest of

justice that, the custody of Ms. 'P' be handed over to the Petitioner who is

her natural father.

5. In this premise, we allow the petition and further direct the

20-WP-2085-2026.doc

corpus Rescue Foundation and Respondents to hand over the corpus in the

custody of her natural father i.e. the Petitioner, within one week from today.

6. In view of the above, the petition stands disposed of.

            SANDESH D. PATIL, J.                            GAUTAM A. ANKHAD, J.