1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.895 OF 2009 Smt.Gitabai w/o Ratanlal Sharma (Nimawat) .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Shri H.V.Patil, Advocate for petitioner Shri S.V.Kurundkar, Addl.Public Prosecutor for respondents 1 to 4 Shri P.V.Langhe, Advocate for respondent No.5 CORAM : P.V. HARDAS AND R.K. DESHPANDE, JJ. DATE : 11th DECEMBER 2009 PER COURT 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of habeas corpus directing the respondents 1 to 4 to forthwith produce the son of the petitioner named Rajesh Ratanlal Sharma. 2. On notice of this petition being issued to the respondents, the respondents have filed their affidavit-in-reply. It is the contention of the petitioner that her son Rajesh, who was married to the sister of respondent No.5 had been illegally detained by respondent No.5. The respondent No.5 in his affidavit-in-reply, in clear terms has denied that 2 Rajesh is being illegally detained against his will by respondent No.5. In fact it is contended in the affidavit-in-reply that the marriage between the sister of respondent No.5 and Rajesh has been dissolved by a decree of a competent Court. The respondent No.4, in his affidavit-in-reply has pointed out that the son of the petitioner had been detained under the provisions of the Prevention of Begging Act, 1959 and was produced before the 45th Metropolitan Magistrate, Mumbai and under the orders of the Metropolitan Magistrate the petitioner’s son was admitted in Beggars Home for males at Pimpalgaon Pisa, Taluka Shrigonda, District Ahmednagar for one year. It is stated that every step has been taken for tracing the whereabouts of the missing son of the petitioner. The respondent No.4 at paragraph 5 of the affidavit-in-reply has stated that the description and the photograph of the missing person has been given to the local Police Stations and has been given to the television network also. It is also stated that information has been broad casted on Radio and all steps have been taken for tracing the whereabouts of the missing son. 3. In the light of the fact that there is no material to indicate that the son of the petitioner has been illegally detained by respondent No.5, according to us this writ petition seeking issuance of a writ of habeas corpus is completely misconceived. However, we direct respondent No.4 to continue the search for tracing the whereabouts of missing son of the petitioner. 3 4. This writ petition is accordingly dismissed with the aforesaid directions with no order as to costs. ( R.K.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/895.09criwp)