mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 1323 OF 2008 WITH CRIMINAL APPLICATION NO. 293 OF 2008 IN CRIMINAL WRIT PETITION NO. 1323 OF 2008 RAKESHKUMAR BENIPRASAD YADAV .. .. PETITIONER Vs. THE STATE OF MAHARASHTRA & ORS. .. .. RESPONDENTS Mrs. A.M.Z. Ansari for the petitioner Ms. P. H. Kantharia, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED: 6/7/2009 P.C. This petition is filed by the petitioner through Jail. According to the petitioner his wife and children are not traceable. The petitioner has stated in the petition that his wife and children are confined in a room by some persons. He has prayed that they may be set at liberty and taken to his village. 2. To this writ petition, an affidavit-in-reply has been filed by Shri Suresh Jadhav, Assistant Commissioner of Police, attached to Ambernath Division, District Thane. In his affidavit Shri Jadhav has inter alia stated that P.H.C. Shri Jadhav has recorded the statement of the brother-in-law of the petitioner Shri Hiralal Kullu Yadav. Hiralal Yadav, who is the brother of the petitioner’s wife has stated that he has taken his sister and children i.e. petitioner’s wife and children from Ambernath to his village and that the petitioner’s contention that his wife and children are threatened by anybody is not true. Thus it is clear that the wife and children of the petitioner are safe and are staying at Makhaupur, Tahsil Chayal, District Koshambi, Police Station Pipari, State of U.P. 3. In view of this the petition does not survive. The petitioner may be informed that his wife and children are safe and are residing at the above address. Copy of this order be given to him. The petition is disposed of. 4. Since the writ petition is disposed, criminal application does not survive and is disposed of as such. (Smt. Ranjana Desai, J.) (R. G. Ketkar, J.)