Bombay High Court

ASHOK CHANDRABHAN KALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that no writ of habeas corpus could be issued as the missing adult had left voluntarily and there was no allegation of unlawful detention.

Summary

Ashok Chandrabhai Kale filed a criminal writ petition under Article 226 seeking a writ of habeas corpus for his son, who was reported missing. The petitioner alleged that his son was detained against his will, but the missing complaint filed with the police did not allege any abduction. The Court observed that the son is a major and had left the house of his own volition. Since there was no indication of unlawful detention, the Court was not inclined to issue any notice to the respondents. Consequently, the Court declined to grant a writ of habeas corpus and directed the petitioner to pursue the matter through the pending missing complaint with the police. The writ petition was therefore disposed of.

Issues considered

Whether a writ of habeas corpus can be issued when the missing person is a major who left voluntarily
Whether the filing of a missing complaint without an allegation of abduction suffices to justify a habeas corpus petition

Subjects

habeas corpus
missing person
adult
criminal writ petition
police complaint
voluntary disappearance

Judgment

2026:BHC-AUG:42243-DB

                                                                       1204.26WP

                                               1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        934 CRIMINAL WRIT PETITION NO. 1204 OF 2026

                                  ASHOK CHANDRABHAN KALE
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                 ...
                            Advocate for the Petitioner : Mr.P.R.Jadhav
                          APP for Respondent-State : Mrs.M.N.Ghanekar
                                                 ...
                                       CORAM : SANDIPKUMAR C. MORE &
                                                     VAISHALI PATIL-JADHAV,JJ.

                                      DATE     :   10.09.2026
                 P.C. :


                 1]          Heard. Vide order dated 7th September, 2026, we
                 have already expressed our opinion that we are not inclined
                 to issue any notice to the respondents since the son of the
                 petitioner is major and left the house on his own. In the
                 missing complaint also, nothing is mentioned that he was
                 abducted or detained by somebody.

                 2]          Under such circumstances, we are not inclined to
                 issue any writ of habeas corpus in this matter. The petitioner
                 may pursue missing complaint which is lodged with the
                 concerned Police Station. As such, the Writ Petition stands
                 disposed of.




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

                 DDC

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