Bombay High Court

KIRAN CHANDAN RUNWALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed of, granting the petitioner liberty to approach the magistrate regarding clause D.

Summary

The petitioner filed a criminal writ petition seeking a writ of Habeas Corpus for a missing girl. The court ordered a medical report, which indicated that doctors could not determine whether an abortion had taken place. The petitioner’s counsel later submitted that the prayer for the writ had become infructuous. The petitioner then requested liberty to approach the concerned magistrate regarding clause D of the petition. The court, after considering the medical report and the claim of infructuity, disposed of the petition while granting the requested liberty to pursue the magistrate.

Issues considered

What is the appropriate relief when the prayer for a writ of Habeas Corpus becomes infructuous?
Whether the court may grant liberty to approach a magistrate for further relief under clause D of the petition?

Subjects

habeas corpus
criminal writ petition
medical report
abortion
liberty to approach magistrate
petition disposed

Judgment

2026:BHC-AUG:44071-DB

1 934 CRIMINAL WRIT PETITION NO. 1318 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

934 CRIMINAL WRIT PETITION NO. 1318 OF 2026

KIRAN CHANDAN RUNWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. S. S. Chapalgaonkar, Advocate for the Petitioner
Adv. G. A. Kulkarni, APP for Respondents-State
...

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

DATED : 22/09/2026
Per Court:

. The learned counsel for the petitioner, on instructions,

submits that the prayer for issuance of a writ of Habeas Corpus

has already become infructuous.

2. The learned APP placed on record the copy of the medical

report pursuant to the directions of this Court under the order

dated 08.09.2026, mentioning that the concerned Doctors were not

able to give any opinion as to whether an abortion was took place

in respect of the missing girl.

3. The learned counsel for the petitioner seeks liberty to pursue

the concerned Magistrate in respect of prayer clause-D of the

petition.
2 934 CRIMINAL WRIT PETITION NO. 1318 OF 2026

4. In view of the same, the petition stands disposed of with

liberty as aforesaid.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

Continue reading with your account

Checking your session…