The High Court allowed the petitioner to withdraw the writ petition with liberty reserved to the minor's biological parents to file a writ of Habeas Corpus for the child's production.
Withdrawal of writ petition allowed with liberty to Vinod Singh and Sudesh Kaur to file a writ of Habeas Corpus.
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.
WP 1515-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1515 OF 2018
Mr. Charan Singh .. Petitioner V/s State of Maharashtra & Ors. .. Respondents
.. Respondents
Mr. Vaibhav R. Gaikwad for the petitioner. Ms. M.H. Mhatre, AGP for the State.
CORAM: S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ.
DATE : 13TH APRIL 2018
P.C.:
The minor Ravindra Kaur is not the daughter of the petitioner. Admittedly, she is the daughter of one Vinod Singh and Sudesh Kaur.
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daughter Ravindra Kaur. There is a boy called Ashok and resident of Uttarakhand, who is supposed to have lured and taken away this Ravindra Kaur allegedly after he was in the knowledge that the said Ravindra Kaur has been brought to Mumbai. The alleged act of abduction and kidnapping is said to be committed when Ravindra Kaur was in custody of the petitioner – Charan Singh and his wife. That is how the petitioner lodged an FIR after Ravindra Kaur went missing from 29th November 2017
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as above.
(PRAKASH D. NAIK, J.)
(S.C. DHARMADHIKARI, J.)
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2 issues framed by the court
Whether a writ petitioner may be permitted to withdraw a Habeas Corpus petition with liberty to the actual parents to file a fresh petition.
Whether custody of the minor child vests solely with her natural parents.
Mr. Charan Singh
State of Maharashtra & Ors.
PRAKASH D. NAIK
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
