38-wp-2231-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.2231 OF 2018

Shri.Mayank Ashok Charla …Petitioner
Versus
The State of Maharashtra Anr. …Respondents
—-
Mr.M.S. Adenwala for the Petitioner.

Mr.S.D. Shinde, APP for the Respondent-State.
—-
CORAM : RANJIT MORE
SMT.BHARATI H. DANGRE, JJ.

DATE : 01st OCTOBER 2018.

P.C.

1. The petitioner has filed present Writ petition seek

writ of habeas corpus to produce the petitioners minor daughter

from alleged illegal custody of the respondent No.2.

2. The respondent No.2 is the petitioner’s father-in-

law. Petitioner’s wife and the mother of minor child has already

expired. During her lifetime, an FIR was registered against the

petitioner for an offences punishable under Sections 498A, 504,

506 read with Section 34 of the Indian Penal Code.

Subsequently when she committed suicide, Sections 304B and

306 were also added and his parents were also implicated in

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38-wp-2231-2018.doc

the said C.R. The petitioner was also arrest and at present he is

released on bail. After the demise of the petitioners wife the

minor child is with her grant parents. The petitioner knows

whereabout the child and therefore his remedy is to approach

appropriate Court seeking custody of the child. In the wake of

above the above situation, the learned counsel for the

petitioner seeks leave to withdraw the petition with liberty to

approach family Court for appropriate relief. Leave with liberty

as prayed is granted. The petition is disposed of as withdrawn.

3. It is specific and made clear that this order should

not be construed as expression of any opinion on the merits and

in the event the appropriate application before appropriate

forum is filed, the same shall be dealt with in accordance with

law.

(SMT.BHARATI H. DANGRE, J.) (RANJIT MORE, J.)

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