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Bombay High Court

DIPAK BALASAHEB DEVKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
RULE DISCHARGED

Holding

The court held that no habeas corpus could be granted as the adult woman was not detained, and therefore dismissed the petition.

Summary

The petitioner, claiming to be the husband of a missing adult woman, filed a writ of habeas corpus seeking her production before the court, alleging that her brother and family abducted her and forced her to lodge a false FIR under the Bharatiya Nyaya Sanhita. The petitioner presented a marriage certificate and photographs to show they had married and were cohabiting. The respondents contended that the woman, though an adult, had voluntarily lodged an FIR accusing the petitioner of rape and was not being detained by her family. The court examined the FIR and found no evidence that it was filed under duress and noted that the petitioner had already obtained pre‑arrest bail. Concluding that the woman was free to reside where she chose and was not in unlawful detention, the court declined to issue a writ of habeas corpus and dismissed the petition.

Issues considered

  • Whether a writ of habeas corpus can be issued when the alleged missing person is an adult who is not in unlawful detention.
  • Whether the filing of an FIR under alleged family pressure constitutes detention for purposes of habeas corpus.

Legislation cited

Subjects

  • habeas corpus
  • missing person
  • adult detention
  • marriage
  • false FIR
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

2026:BHC-AUG:41737-DB
                                                 (1)
                                                            Cri. W.P. 1261-2026 .odt
                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD

                        CRIMINAL WRIT PETITION NO. 1261 OF 2026
                        Dipak Balasaheb Devkar
                        Age : 23 Years, Occ. Service,
                        Residing at Devkar Vasti,
                        Near Mahadev Mandir, Shahpur,
                        Ahilynagar – 414 604               ..PETITIONER
                              VERSUS
                 1.     State of Maharashtra,
                        Through its Secretary,
                        Home Department,
                        Mantralaya, Mumbai.
                 2.     Superintendent of Police,
                        Ahilynagar
                 3.     The Police Inspector,
                        Newasa Police Station,
                        District Ahilynagar
                 4.     Annasaheb Dattu Kolte,
                        Age : Adult, Occ. Agriculture,
                        R/o. Near Hanuman Mandir, Shahapur,
                        Tal. Newasa, Dist. Ahilynagar
                 5.     Sangita Annasaheb Kolte,
                        Age : Adult, R/o. Shahapur,
                        Tal. Newasa, Dist. Ahilyanagar
                 6.     Vishal Annasaheb Kolte,
                        Age : Adult, R/o. Shahapur,
                        Tal. Newasa, Dist. Ahilyanagar
                                                 ...
                 Mr. Omkar Nevgi h/f Mr. V.S. Dahihande, Advocate for the
                 petitioner.
                 Mr. G.A. Kulkarni,A.P.P. for Respondent Nos. 1 to 3.
                                             ...
                                   CORAM : SANDIPKUMAR C. MORE AND
                                           VAISHALI PATIL-JADHAV, JJ.

                                   DATE     : 08.09.2026
                                (2)
                                              Cri. W.P. 1261-2026 .odt
ORDER (PER SANDIPKUMAR C. MORE, J.) :-

1.      Rule. Rule made returnable forthwith.        Heard finally

with the consent of learned counsel for the petitioner and

learned A.P.P.

2.      The petitioner, posing himself as husband of the missing

girl, has prayed for issuance of Writ of Habeas Corpus for her

production before this Court. According to him, he knows the

missing girl since their school days and around the year 2023

their    close   friendship   turned   into   love   relationship.

Accordingly, they decided to solemnize the marriage and the

petitioner along with the missing girl, performed marriage on

13.05.2026 at Alandi voluntarily. However, immediately after

marriage, when they were residing together, the brother of the

missing girl i.e. respondent No.6, abducted her on 21.07.2026

and as such, he was constrained to file missing report on

25.07.2026. According to him, the missing girl, who was

detained by respondent Nos. 4 to 6, was compelled to lodge

false F.I.R. No. 345 of 2026 at Sonai Police Station, for the

offence punishable under Sections 64, 64(2)(m), 69, 75(1),

75(2), 78(1),49, 87, 352, 351(2), 351(2), 351(3), 3(5) of the

Bharatiya Nyaya Sanhita, 2023 under their pressure.               As

such, the applicant has sought issuance of Writ of Habeas

Corpus.
                               (3)
                                            Cri. W.P. 1261-2026 .odt

3.   Learned counsel for the petitioner vehemently argued

that the petitioner as well as the missing girl, are major and

they can reside with each other, wherever they want.            He

pointed out that, the F.I.R was lodged by the missing girl

under pressure of respondent Nos. 4 to 6, but today also, the

missing girl intends to reside with him.

4.   On the contrary, the learned A.P.P., strongly opposed

the submissions made on behalf of the petitioner by pointing

out that though the missing girl is major, but she has in fact

lodged an F.I.R. against the petitioner for committing rape by

performing a false marriage.     As such, he pointed out that

Writ of Habeas Corpus cannot be issued in this matter, since

the missing girl is not detained, but she is voluntarily in the

company of her family members. As such, he prayed for

dismissal of the petition.

5.   Admittedly, the petitioner as well as the missing girl, are

major and they are free to reside anywhere as per their own

choices. Though certain photographs and marriage certificate

are produced on record by the petitioner, showing that they

performed marriage at Alandi and started cohabiting with

each other, but it is equally important to note that the

missing girl has in fact lodged an F.I.R with allegation of rape

against the petitioner.
                                 (4)
                                               Cri. W.P. 1261-2026 .odt
6.       On going through the said F.I.R, nowhere it reflects that

she lodged the said F.I.R under the pressure of her family

members. Moreover, the petitioner has already obtained pre-

arrest bail in the said crime. Under such circumstances, it

cannot be inferred that the missing girl is detained by her

family members. Moreover, the missing girl has attained

majority, and therefore, she is free to reside anywhere, as per

her own choice. Accordingly, we are not inclined to grant any

Writ of Habeas Corpus in this matter.          Thus, the petition

stands dismissed. Rule stands discharged.




(VAISHALI PATIL-JADHAV)                (SANDIPKUMAR C. MORE)
      JUDGE                                 JUDGE

Y.S. Kulkarni


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