Bombay High Court

MAYUR ASHOK CHAPEversusTHE STATE OF MAHARASHTRA AND OTEHRS

Disposal: DISPOSED OFF

Holding

The Court declined to issue a writ of habeas corpus and disposed of the petition.

Summary

Mayur Ashok Chape filed a criminal writ petition seeking a writ of habeas corpus for the production of respondent No.8, a girl who had gone with the petitioner. The State raised an objection regarding the petitioner's locus to file the petition, but the Court kept the maintainability issue open. The girl, now appearing before the Court with her parents, testified that she never intended to marry the petitioner and that she approached police at Karmad Police Station expressing her wish to return to her parents. The Court noted that the girl is a major and voluntarily wishes to reside with her parents. Consequently, the Court declined to issue a writ of habeas corpus and disposed of the petition.

Issues considered

Whether the petition for a writ of habeas corpus is maintainable in the present facts
Whether the petitioner has locus standi to file the petition
Whether the detention of a major adult who voluntarily wishes to return to her parents warrants a writ of habeas corpus

Subjects

habeas corpus
maintainability
locus standi
personal liberty
police detention
major adult

Judgment

2026:BHC-AUG:39857-DB

                                                                        938 wp 1192-26 .




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                     938 CRIMINAL WRIT PETITION NO. 1192 OF 2026

                                   MAYUR ASHOK CHAPE
                                          VERSUS
                      THE STATE OF MAHARASHTRA AND OTEHRS
                                              ...
          Mr. Palsikar Vikrant S., Advocate for the Petitioner
          Mr. Rajdeep D. Raut, APP for Respondent-State
          Mr. Manoj A. Dond, Advocate for Respondent Nos.6 to 8
                                              ...

                                  CORAM        :   SANDIPKUMAR C. MORE &
                                                   VAISHALI PATIL-JADHAV, JJ.

                                  Date         :   01/09/2026

          PER COURT :


          1.   Heard.


          2.   The present petition has been filed seeking a writ of habeas
          corpus for production of respondent No.8. At the time of issuance of
          notice, learned APP raised an objection as to the locus of the petitioner
          to file the present petition. However, this Court issued notice, keeping
          open the question of maintainability of the petition.


          3.   Today, the girl has appeared before the Court along with her
          parents. The police officials, namely, Gokul Thakur, API, Dadasaheb
          Dhondiba Dhawale, Police Constable, Karmad Police Station and Mr.
          Ambadas Jadhav (Buckle No. 2842), Nevasa Police Station, are also
          present.




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                                                              938 wp 1192-26 .




4.   We have interacted with the girl.     During the interaction, she
stated that, though she had gone with the petitioner, she had never
intended to marry him. She further stated that upon reaching Karmad
Police Station, she approached the police officials and expressed her
desire to go with her parents. She has also expressed before us her
wish to reside with her parents. The girl is admittedly major. In view of
the above, we are not inclined to issue a writ of habeas corpus. Hence,
the petition stands disposed of.




[VAISHALI PATIL-JADHAV]                     [SANDIPKUMAR C. MORE]
             JUDGE                                JUDGE




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