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2026 DAILYLAW 17330 (BOM)

UJWALA YUVRAJ GAWAI, NEE UJWALA BRAHMADEO CHITTEKAR v. STATE OF MAHARASTHRA, AND OTHERS.

WP/816/2026 · 2026-10-09

body2026

Judgment text

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104.Cri.WP.816.2026 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 816 OF 2026 Ujwala Yuvraj Gawai Vs. The State of Maharashtra & Ors. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. S.Y. Rawate, Advocate for the Petitioner. Mr. V.A. Thakare, APP for the Respondents/State. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R AJ D. WAKODE , JJ. DATE : 09.10.2026 By this petition, the petitioner seeks a writ of habeas corpus. 2. Heard the learned counsel for the petitioner, who submits that the petitioner is the daughter and the only legal heir of Brahmadeo Piraji Chittekar. Brahmadeo Piraji Chittekar is an elderly person who had been residing at Mira Dattar Dargah, Mumbai, for the last 20 years for the purpose of receiving treatment. The petitioner’s father had visited Deulgaon Raja, District Buldhana, for the purpose of transferring his agricultural land in the name of his sister-in- law, namely, Kamalbai Damodhar Chittekar. During the said visit, on 24.07.2024, he went to the Tahsil Office in connection with his agricultural land and did not return thereafter. 3. The petitioner contends that her father is in the illegal custody of respondent No. 4. In this regard, the petitioner lodged an FIR at Police Station, Deulgaon Raja, on 11.09.2024, 2026:BHC-NAG:13583-DB 104.Cri.WP.816.2026 2/2 alleging that her father had been abducted. Learned counsel, therefore, submits that, as the petitioner’s father is allegedly in the illegal custody of respondent No. 4, a writ of habeas corpus be issued. 4. Having heard the learned counsel for the petitioner and upon perusal of the petition, we are not persuaded by the contention that the petitioner’s father is in illegal detention, particularly in view of the fact that respondent No. 4 has filed Criminal Application No. 313 of 2025 seeking quashing of the FIR. In the said proceedings, this Court specifically observed that the petitioner’s father had himself appeared before the Court and filed an affidavit stating that he had no relationship with the present petitioner. He had also denied the allegations of abduction made in the FIR. 5. In view of the aforesaid observations made by this Court in the proceedings referred above, we find no merit in the present petition. We, therefore, decline to issue notice. Consequently, the petition is dismissed. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 09/10/2026 20:10:33