Kisan Shrirang Shere Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

Kisan Shrirang Shere Vs the State of Maharashtra and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the inquiry officer to intensify the search for the missing man Gajanan and to inform the petitioner if the missing man is found.

Issue for consideration

Whether the habeas corpus writ petition concerning the petitioner's missing son Gajanan Kisanrao Shere should be kept pending or disposed of, given the search steps already taken by the police and the absence of any immediate prospect of tracing him.

Court's answer

Every step appears to have been taken by the police to search for the missing man Gajanan: inquiry into his State Bank of India account, recording of witness statements, attempt to obtain C.D.R./S.D.R., contact with his employer (who stated he had not reported to work since 27th December 2022), and searches of unidentified dead bodies found in the nearby area, none identified as Gajanan; the inquiry officer further undertook to keep the search on.

Ratio / Principle

Where there is no possibility of searching out the missing man in the near future, the Court will not keep the writ petition pending; it disposes of the petition with directions to the inquiry officer to intensify the search and to inform the petitioner if the missing man is found.

Detailed headnote1 paragraphs

Habeas corpus - missing person - Criminal Writ Petition No. 642 of 2024 (Bombay High Court, Aurangabad Bench; order per Smt. Vibha Kankanwadi, J., with Rohit W. Joshi, J.; decided 10 January 2025). Petitioner, a 66-year-old agriculturist from Parbhani, sought tracing of his son Gajanan Kisanrao Shere, aged 26, missing since 7th February 2023; missing report lodged at Partur Police Station (Dist-Jalna) on 10th February 2023 by the petitioner's daughter Meera. Successive inquiry-officer reports disclosed inquiry into transactions in the missing man's State Bank of India account, statements of witnesses, an attempt to obtain C.D.R./S.D.R., contact with his employer (who stated Gajanan had not reported to work since 27th December 2022), and searches of unidentified dead bodies found nearby, none identified as Gajanan; the inquiry officer undertook to keep the search on. Holding that every step appeared to have been taken by the police and that there was no possibility of finding the missing man in the near future, the Court declined to keep the writ petition pending and disposed of it, directing the inquiry officer to intensify the search and to inform the petitioner if the missing man is found.

2025:BHC-AUG:4232-DB

cwp-642.24

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.642 OF 2024

Kisan S/o Shrirang Shere, Age-66 years, Occu:Agril., R/o-Wadi Digras, Tq-Sailu, Dist-Parbhani.

...PETITIONER

VERSUS

The State of Maharashtra, The District Superintendent of Police, S.P. Office, Jalna, Tq. and Dist-Jalna,

1. The Sub Divisional Police Officer,

Partur, Tq-Partur, Dist-Jalna,

1. The Police Inspector, Police Station, Partur, Tq-Partur, Dist-Jalna. ...RESPONDENTS

... Mr. Swapnil A. Deshmukh Advocate for Petitioner. Mr. V.K. Kotecha, A.P.P. for Respondents.

CORAM: SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.

DATE : 10^th JANUARY, 2025

ORDER [PER SMT. VIBHA KANKANWADI, J.] :

Present Petition is a habeas corpus Petition. The

petitioner’s son, namely Gajanan Kisanrao Shere, aged-26 years, has gone missing around 12.30 p.m. of 7^th February 2023.

cwp-642.24

2

The petitioner’s case is that missing report is filed with Partur Police Station by his daughter Meera. Gajanan had gone to the house of his sister Meera on 6^th February 2023, for going to hospital. However, he was not taken to the doctor. Around 9.00 p.m. Gajanan was talking properly with her. He gave his wallet and mobile to Meera and told that he is not feeling well. Meera told him that they would go to hospital next day and he should sleep. Therefore, they went to sleep around 10.00 p.m. At midnight around 12.30 a.m., Gajanan woke up. Meera asked him as to what has happened. Gajanan told that he wants to answer the nature’s call and therefore opened the door and went outside. He did not return for considerable time and therefore Meera and her husband Shivaji started searching Gajanan. They had searched with the railway station, at the house of neighbours as well as relatives but he could not be found and therefore, immediately on 10^th February 2023, she lodged the report.

Time and again reports have been submitted by the inquiry officer, after taking search of Gajanan. From the latest report, it can be seen that every step has been taken. Inquiry has also been made as to whether the transactions have taken place in the bank account of Gajanan kept with State Bank of India.

cwp-642.24

3

Statements of witnesses have been taken. Even an attempt has been made to take the C.D.R. / S.D.R. The employer of Gajanan was also contacted but then he informed that Gajanan has not reported to the work since 27^th December 2022. Search is also made in respect of the dead bodies which were found in the nearby area, but unidentified dead bodies have not been identified as that of Gajanan. Thus, it appears that every step has been taken by the Police to search Gajajan. The inquiry officer, who was present, undertakes that he would keep the search on and whenever any information is received in respect of Gajanan, then he would take further steps.

When there is no possibility of search of the missing man in the near future, we do not want to keep the Writ Petition pending. We dispose of the Writ Petition by giving directions to the inquiry officer that he should intensify the search and if the missing man is found, then he should inform the same to the petitioner.

[ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE

asb/FEB25