1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1069 OF 2009 Smt. Kamalabai w/o Sahebrao Rakh .. Petitioner Versus Secretary (Home), Government of Maharashtra, Mantralaya, Mumbai and ors. .. Respondents Shri H.M.Salve, Advocate for petitioner Shri S.V.Kurundkar, Addl.Public Prosecutor for respondents 1 to 3 Shri K.D.Shinde, Advocate for respondent No.4 absent CORAM : P.V. HARDAS AND R.K. DESHPANDE, JJ. DATE : 17th December 2009 PER COURT 1. Later on, Shri Salve, learned Counsel for the petitioner tenders apology for his absence in the Court when the petition was called out for hearing. In that light of the matter, therefore, we recall our order dismissing the petition for default and petition is restore to file. 2. With the consent of learned Counsel for the parties, this petition is heard for admission. Shri Salve, learned Counsel for the petitioner states that the minor daughter of the petitioner by name Anjanabai is missing since 25.7.2009 and the respondents have not taken 2 any effective steps for tracing the whereabouts of Anjanabai. According to the petitioner, the petitioner had lodged the report on 26.7.2009 in respect of missing of her daughter. Thereafter she has been running from pillar to post in order to secure the whereabouts of her missing daughter. 3. On notice being issued to respondents, the respondents have filed their affidavit-in-reply. In the affidavit-in-reply, it is stated that after receipt of the missing report information about the missing girl was given to all the police stations on wireless and a news item was also published in daily Lokmat, Samna, Sakal, Punya Nagari and Sanj Varta giving details of the missing girl. It is also stated that necessary information was broadcast on the radio. It is further stated that on 30.9.2009, the petitioner had filed a complaint expressing suspicion against respondent No.4 on having kidnapped her minor daughter. It is further stated that on the basis of the said complaint an offence came to be registered. Respondent No.4 came to be arrested and the Judicial Magistrate granted Magisterial custody. It is further stated that during enquiry it transpired that the daughter of the petitioner had gone to Mumbai and, therefore, a Police team led by Police Head Constable Shri Gangawate was sent to Mumbai. It is stated that even the petitioner had accompanied the Police team. The whereabouts of the daughter of the petitioner were traced by Police of Mata Ramabai Ambedkar Marg Police Station, Mumbai. The said Police Officers had produced the girl in the 3 Police Station on 31.7.2009 but the daughter of the petitioner fled from the Police Station. It is stated that despite the further efforts of the Police Officers, the whereabouts of the daughter of the petitioner are not known. It is then stated that the Police would continue to search the daughter of the petitioner with the same zeal and vigour. 4. In that light of the matter, therefore, since the daughter of the petitioner has not been illegally detained by the respondents and the respondents are taking every steps available in law to trace out the missing daughter of the petitioner, according to us no useful purpose would be served in keeping this petition pending. 5. We, therefore, dismiss this petition and discharge the notice issued to respondents by directing them to continue with the search and take all steps as are necessary for tracing the missing daughter of the petitioner. 6. Petition is accordingly dismissed with the aforesaid directions with no orders as to costs. ( R.K.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/1069.09Bcriwp) 4