Swarup Badam Bhujadi v. The State Of Maharashtra And Others

(1) Cri.WP.279.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 279 OF 2026 Swarup Badam Bhujadi Petitioner

Versus

1.

The State of Maharashtra 2.

Superintendent of Police, Ahilyanagar.

3.

The Police Inspector, Rahuri Police Station.

4.

Sandip Shivaji Mane 5.

Suvarna Sandip Mane Respondents ...

Mr. Manoj A. Dond, Advocate for the petitioner. Mr. P.K. Lakhotiya, A.P.P. for respondent-State. ...

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : 27 FEBRUARY 2026.

Oral Order (Per Sandipkukar C. More, J.) :

1.

Not on board. Taken on board.

2.

Heard learned counsel for the petitioner and the learned A.P.P.

3.

The petitioner is seeking issuance of writ of Habeas Corpus for production of his wife, who, according to him, is detained by respondent Nos.4 and 5, who are her parents.

(2) Cri.WP.279.2026.odt 4.

Learned APP Mr. Lakhotiya submits that the wife of petitioner is brought by the concerned police station in this court today. On interaction with her, she stated before us that she does not want to reside with the petitioner. She further stated that she is now residing with her parents i.e. respondent Nos.4 and 5. Even on perusal of police papers produced by learned APP, it is evident that the wife of the petitioner has stated before the police that she is not willing to reside with the petitioner.

5.

Since the wife of petitioner is major, she is free to reside anywhere as per her own will. In view of the same, when the wife of petitioner has chosen to reside with her parents, no writ of Habeas Corpus can be issued in this petition. 6.

Accordingly, the criminal writ petition stands disposed of. (ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde