Bombay High Court
KUNDAN RATAN SURYAWANSHIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the girl, a major, expressly stated she does not want to accompany the petitioner, thereby fulfilling the petition's purpose.
Summary
The petition was filed by Kundan Ratan Suryawanshi seeking relief concerning a girl who was alleged to be in his custody. The girl, who is a major, appeared before the High Court and gave a statement that she does not wish to accompany the petitioner. The court recorded her statement and also noted her apprehension that her photographs were with the petitioner, to which the petitioner assured that they would not be misused. Considering the girl's clear expression of will, the court held that the purpose of the petition was served. Consequently, the writ petition was disposed of without any further orders. No additional directions regarding the photographs were issued.
Issues considered
- Whether the petitioner can be compelled to accompany the girl despite her expressed desire not to do so
- Whether the writ petition should be entertained in view of the girl's statement refusing accompaniment
Subjects
- writ petition
- personal liberty
- custody
- protection of women
- court disposal
Judgment
2026:BHC-AUG:21972-DB
Criminal Writ Petition No.666/2026
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.666 OF 2026
Kundan Ratan Suryawanshi ….Petitioner
VERSUS
The State of Maharashtra & ors. ….Respondents
.......
Mr. Kunal A. Kale, Advocate for petitioner
Mr. D.J. Patil, A.G.P. for R.No.1 to 5
....…
CORAM : SIDDHESHWAR S. THOMBRE, J.
VACATION COURT
DATE : 22nd MAY, 2026
PER COURT :
1. Heard learned counsel for the petitioner.
2. Pursuant to the notice issued by this Court on
21/5/2026, the girl is present before this Court. Her statement is
also recorded by the police authorities. This Court has also
interacted with the girl, who is major and she does not desire to
accompany with the petitioner. As the girl has appeared before the
Court and stated that she does not want to accompany with the
Criminal Writ Petition No.666/2026
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petitioner, I find that, the purpose of this petition is served.
3. In view of the above, Writ Petition is disposed of.
4. The girl apprehends that her photographs are with the
petitioner. Learned counsel for the petitioner, on instructions,
submits that, the petitioner will not misuse those photographs.
(SIDDHESHWAR S. THOMBRE, J.)
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