Bombay High Court
KESHAV MALAJI MAKWANA AND ANRversusTHE SR. P.I. AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is allowed to be withdrawn with liberty to approach the magistrate for an appropriate remedy.
Summary
The petitioners filed a criminal writ petition seeking a court order directing the State to produce the petitioner's wife (daughter‑in‑law) who had left their home on 23‑12‑2025, along with her belongings. The respondent State submitted a file indicating that the wife is safe, left voluntarily, and has approached the local police. The petitioners, having a grievance, requested permission to withdraw the petition and to approach a magistrate for an appropriate remedy. The Court granted permission to withdraw the petition, providing liberty to approach the magistrate, and ordered that the file be retained at the Charkop Police Station.
Issues considered
- Whether the High Court can permit withdrawal of a criminal writ petition and grant liberty to approach a magistrate for further remedy
- Whether the Court can direct the production of a person who has voluntarily left the premises
Subjects
- writ petition
- withdrawal
- liberty to approach magistrate
- family dispute
- personal liberty
- criminal procedure
Judgment
1-WP-2571-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2571 OF 2026
Keshav Malaji Makwana And Anr ... Petitioners
Vs.
The State of Maharashtra & Anr. ... Respondents
****
SHARADA
RANGNATH
WAHULE Mr. Sachidanand Tandel, Advocate for the Petitioners.
Digitally signed by
SHARADA
Ms. Supriya Kak, APP for Respondent-State.
RANGNATH WAHULE
Date: 2026.09.22
17:16:01 +0530
PSI Hemlata Vaje, Charkop Police Station, is present.
****
CORAM : SARANG V. KOTWAL AND
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 21st SEPTEMBER 2026
P.C.:
1. This Petition is filed with the following two prayers, which read
as under:-
“(a) Be pleased to Direct the Respondents to Brought/Present or
& produced (Daughter in Law) Daughter in Law/ wife of petitioner/s
respectively before this Hon’ble High Court along with all articles &
belongings with she left the House on 23/12/2025 & handover to
Petitioners as per Law.
(b) Be please to call all representations along with case-
documents of the petitioner/s & after going through the same, direct
the Respondents/others as per Writ Petitioner or and of Hebus
Corpus or & Mandamus or any other Writ to take appropriate
action/s & measures & handed over Daughter in Law/ wife to
petitioner/s Respectively along with all articles & belongings with
she left from the House on 23/12/2025”. (Name withheld to protect
1
Sharada
1-WP-2571-2026.doc
privacy)
2. Learned APP produced a file before us showing that Petitioner
No. 2’s wife, is safe and she has left the Petitioner’s on her own accord.
She had also approached the local police where she is residing.
3. The Petitioners have some grievance against Petitioner No.2’s
wife. In this situation, the learned counsel for the Petitioners on
instructions seeks permission to withdraw this Petition with liberty to
approach the Court of Magistrate for preferring an appropriate remedy
in accordance with law. Permission is granted.
4. The Petition is allowed to be withdrawn with such liberty. The file
which is produced for perusal shall be retained at the Charkop Police
Station.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
2
Sharada
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