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2006 Supreme(Bom) 1593

J.H.BHATIA
Bapu S/o. Kisan Ladkat – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri. SANTOSH JADHA V, Advocate holding for Shri. M. Y. DESHMUKH, Advocate for the Petitioners.
Shri. S. P. DOUND, A.P.P. for Respondent No.1. Shri. U. R. KULKARNI, Advocate for Respondent No.2 Absent.
None for Respondent No.3.

JUDGMENT:- Heard.

2. According to the petitioners, petitioner No.1 Bapu and Respondent No.3 Kausabai were married on 28.4.1980 and out of wedlock they have i.e. two sons and one daughter. Younger son namely Vikas was studying in 7th standard. According to the petitioners, the relations between the petitioner No.1 and his wife were strained and therefore. they were living separately from each other for some time. While Vikas was in custody of the petitioner No.1, other two children were living with Respondent No.3. Vikas was got admitted in a primary school at Pargaon by the petitioner No.1. However, some times in the month of November 1995, Respondent No.3 removed the name of Vikas from that School and got him admitted in S.O.S. Bal-Gram Hostel at Latur. On 8.1.1996 the petitioner No.1 filed Criminal Misc. Application No.3/96 U/s.97 of Cr.P.c. for search warrant for Vikas at S.O.S. Bal-Gram Hostel, Latur. On the same day learned I.M.F.C. Shrigonda, was pleased to issue search warrant for search of the boy. It was addressed to P.S.O. Latur Police Station as well as Shrigonda Police Station. According to the petitioners, on 9.1.1996, petitioner No.1 went to Latur Police Station to ha













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