Petitioner filed a writ of habeas corpus. The Court interviewed the potential detainee, who stated she did not wish to stay with the petitioner and was not under threat. The Court found no illegal detention and rejected the petition.
No writ of habeas corpus was issued as the individual was found not to be in illegal detention.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.1297 OF 2007
Shri Baidyanath Lalitmohan
Jha .... Petitioner
Vs.
The State of Maharashtra
& Ors. .... Respondents
Shri R.K. Saroj for the Petitioner.
Shri V.B. Konde-Deshmukh, APP, for the
Respondent Nos.1 to 3.
Shri Brijesh Upadhyay for the Respondent
Nos.4 to 7.
CORAM: R.M.S. KHANDEPARKAR &
Smt. V.K. TAHILRAMANI, JJ.
DATED: AUGUST 06, 2007
P.C:
Heard the learned Advocate for the petitioner.
Ms Monali Naresh Panchal is produced before us by the
respondent No.3. We have interviewed her in the chamber
and she has informed us that she is neither under any
threat nor under duress and she is willingly residing
with her parents and she wants to continue to reside
with her parents and she is not interested in residing
with the petitioner. There was a request made by the
petitioner to allow him to speak to Monali. However,
Monali has refused to speak to the petitioner. In the
circumstances, we do not find Monali to be in any
detention either illegal or otherwise so as to issue any
writ of habeas corpus. As no case is made out for
issuing of any such writ, the petition fails and is
rejected.
(Smt.V.K.Tahilramani, J.) (R.M.S.Khandeparkar, J.)
sjs/A7cwp1297.7
1 issue framed by the court
Whether the petitioner is entitled to a writ of habeas corpus regarding the custody of Monali Naresh Panchal.
1 provisions across 1 enactments
Shri Baidyanath Lalitmohan Jha
The State of Maharashtra
Monali Naresh Panchal
The Respondents 4 to 7
R.M.S. Khandeparkar
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court