JUDGMENT - DESHPANDE D.G., J.:---This petition is filed under Article 226 of the Constitution of India and the prayer therein is that this Hon'ble Court to issue a writ of habeas corpus against the respondents and direct them to produce the petitioner's wife Manisha before this Court.

2. When the petition came before us on 27-8-2002 Mr. Agarwal, appearing for respondent Nos. 1 and 2, raised preliminary objection about maintainability of the writ petition on the ground that the petitioner had availed of the facility under section 97 of the Cri.P.C. His so called wife was produced before the Magistrate. She was questioned by the Magistrate and on being satisfied that the girl wants to leave with father, she was allowed to go. Therefore, according to Mr. Agarwal, this petition was not maintainable because alternate remedy was resorting to and exhausted by the petitioner. However, on that day Mr. Shirodkar produced the album of photographs wherein the girl Manisha was shown with the petitioner in number of photographs. We, therefore, directed to produce the girl before the Court by our order dated 27-8-2002. Accordingly the girl was produced by the police. We question her in chamber. He

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