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2026 DAILYLAW 14968 (BOM)

ASHWINI W/O ARUNJI SONEWANE v. THE STATE OF MAHARASHTRA, AND OTHERS.

WP/725/2026 · 2026-10-06

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Judgment text

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1 18 wp725.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.725/2026 Ashwini w/o Arunji Sonewane vs. The State of Mah., thr.its Principal Secretary, Home Department, Mantralaya, Mumbai and ors Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri A.M.Chandekar, Counsel for the Petitioner. Mrs.Shamsi Haider, APP for the State. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 06th October , 2026. 1. Not on Board. Taken on Board. 2. By this petition, the petitioner is seeking writ of habeas corpus and directions to produce detenu Ms Nikita Arun Sonewane. 3. Today, in pursuance of earlier order of this court dated 24.9.2026, detenu Ms Nikita is produced before us. 4. The petitioner is mother of detenu Ms Nikita. As per contentions of the petitioner, date of birth of detenu Ms Nikita is 19.4.2003. Detenu Ms Nikita had been to Nanded for preparation of NEET Examination and was residing in “Shashikala Girls’ Hostel.” On 3.4.2023, she had telephonically contacted the petitioner and also her uncle namely Raju Bisen informing them that she wants to come to 2 18 wp725.26.odt Tirora and, thereafter, uncle Raju Bisen has OnLine Booked Tickets, but she never reached Tirora and she was in custody of respondent No.5-Kaushik s/o Shankar Chaudhari. Thus, said Kaushik has illegally detained her and, therefore, this petition. 5. We have enquired with detenu Ms Nikita, who is present before the court. Detenu Ms Nikita has specifically stated before us that since 2023, initially for one year, she was residing at Bangalore and now, she is residing at Indore and earning her livelihood by taking home tuition. She has clearly stated that as her parents are insisting and forcing her to perform marriage, she does not want to reside with them. 6. Considering detenu Ms Nikita has already attained age of majority, her well-being and welfare require to be considered on the basis of her statement. 7. Detenu Ms Nikita apprehends that there is a danger to her life as well as her liberty at the hands of the petitioner or any person from the side of the petitioner. 8. In view of the said apprehension, we direct Police Inspect of Tirora Police Station, District Gondia to protect Ms Nikita by deputing two Police Constables during her travelling, till she reaches Indore. 3 18 wp725.26.odt 9. Considering fact that now detenu Ms Nikita has already attained age of majority, aspect of illegal detention is not established by the petitioner and, therefore, as we do not find any merits in the present writ petition, the writ petition is disposed of. No costs. [JUDGE] [JUDGE] !! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 06/10/2026 18:00:16