1 cr-wp-1206-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1206 OF 2011 Haridas Kathulyadas Goswami ..Petitioner Vs. The State of Maharashtra and Anr. ..Respondents .... Mr. S.V. Marwadi Advocate along with Mr. Yogesh Rawal Advocate i/b Mr.S.S.Redekar Advocate for Petitioner Mr. P.A.Pol PP for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : MAY 06, 2011 PER COURT: 1 In this petition we had ordered issuance of notice to respondent no.2 making it returnable on 20.6.2011. The learned P.P. has accepted the notice on behalf of respondent no.1. It appears that this is a petition for issuance of a writ of habeas corpus in respect of the disappearance of the girl named Rukmini daughter of petitioner since 3.2.2011. We wish to record our appreciation for the efforts of the 2 cr-wp-1206-11 Investigating Officer in locating the whereabouts of the missing girl and it must be said to the credit of the Investigating Officer that they have been able to locate the whereabouts of the missing girl and have produced her today before us. We have accordingly granted circulation for 3.00 p.m. 2 The girl Rukmini/Ushadevi has been produced before us. We have verified from the certificates that she is aged about 16 years. We have also ascertained from Rukmini her date of birth and she states that her date of birth is 20.3.1995. The parents of Rukmini i.e. petitioner no.1 and his wife are present in Court. Both of them state that they would look after Rukmini and would ensure that she is not married or attempted to be married against her will. Rukmini also, when questioned by us, stated that she wants to reside with her parents. Since the parents are willing to accept the custody and the minor states that she wants to reside with her parents, according to us, it would be appropriate that her custody is handed over to her parents rather than she being sent to the Remand Home. 3 In that light of the matter therefore, we direct the police officers who have produced Rukmini before us, to hand over the custody of Rukmini to her parents forthwith. Shri. S.V. Marwadi learned counsel for the petitioner states on instructions that the petitioner be permitted to 3 cr-wp-1206-11 withdraw this petition. Accordingly this writ petition is dismissed as withdrawn with no order as to costs. 4 Copy of this order be forwarded to the Commissioner of Police, Mumbai. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]