Bombay High Court

ADITYA AMOL KURUNDversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court declined to issue a writ of habeas corpus because the girl is a major and free to decide her residence.

Summary

The petitioner filed a criminal writ petition seeking a writ of habeas corpus for the production of respondent no.6, a girl whose father had lodged a missing complaint. The girl was produced before the court, and her statement was recorded at the police station. During the hearing, the girl expressed her desire to reside with the petitioner and, based on her Aadhaar record, was found to be a major (born 20-04-2008). The court held that, as a major, she is free to choose her residence and therefore a writ of habeas corpus was not warranted. Consequently, the petition was disposed, but the court directed the police to escort the girl to the place she wishes to go.

Issues considered

Whether a writ of habeas corpus can be issued when the person concerned is a major and voluntarily wishes to stay with the petitioner
Whether the filing of a missing complaint by the father affects the petitioner's right to obtain a writ of habeas corpus

Subjects

habeas corpus
majority
personal liberty
missing complaint
police escort
criminal writ petition

Judgment

2026:BHC-AUG:41829-DB

1272.26WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

938 CRIMINAL WRIT PETITION NO.1272 OF 2026

ADITYA AMOL KURUND
VERSUS
THE STATE OF MAHARASHTRA & OTHERS
...
Advocate for the petitioner : Mr.N.B.Patekar
APP for Respondent-State : Mr.G.A.Kulkarni
…
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV,JJ.

DATE : 10.09.2026
P.C. :

1] Heard.

2] The present petition is filed seeking writ of
Habeas Corpus for production of respondent no.6.

3] Today, the girl is produced before us by L.P.C.-
2176, namely, Ms. S.M.Dhanwade and Police Head
Constable, namely, Mr.A.P.Khedkar of Shevgaon Police
Station, District Ahilyanagar.

4] A missing complaint was registered by respondent
no.4, who is the father of respondent no.6. In view of missing
complaint, after getting knowledge of the registration of the
missing complaint the petitioner and respondent no.6
appeared in the Shevgaon Police Station, District
1272.26WP

Ahilyanagar. Thereafter, the statement of the girl was
recorded.

5] Today when we have interacted with the girl, she
expressed her desire to reside with the petitioner. Aadhar
Card of the girl shows that she has attained majority as her
date of birth is recorded in the Aadhar Card as 20.04.2008.
The girl is being major, she is at liberty to go wherever she
wants.

6] In view of this, we are not inclined to issue writ of
Habeas Corpus. Hence, the petition stands disposed of.

7] However, we direct the concerned Police Officers to
escort respondent no.6 – girl to the destination where she
wants to go.

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

DDC

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