1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2615 OF 2009 WITH CRIMINAL APPLICATION NO.37 OF 2010 IN WP 2615/09 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms Deepa Matwankar i/b D.A.Patil. for the petitioner. Mrs.A.S.Pai, APP, for the respondent- State. CORAM: D.B.BHOSALE AND R.V.MORE, JJ. DATE : 19/04/2010 PC: Heard learned counsel for the petitioner and learned APP for the State. By this writ petition, the petitioner is seeking direction to respondent no.2 to hold proper inquiry in the matter of her missing husband through crime branch and to submit report to this court. The State has filed reply affidavit of Nikhil Gupta, Superintendent of Police, Nashik Rural, Nashik. We have perused the reply T 2 affidavit and more particularly paragraphs 11 and 12 thereof. Admittedly, the petitioner's husband is missing since 1996. The petitioner lodged the missing complaint for the first time in 2003. It appears from the contents of the reply affidavit that on the basis of the complaint the police made some efforts to trace the missing husband of the petitioner. Keeping that in view and considering the provisions of section 108 of the Indian Evidence Act, 1872, we are not inclined to entertain the prayer made in the writ petition. The petitioner has not stated either in the petition or through her counsel across the Bar and/or not produced any evidence on record to show that her husband is still alive. She has also not stated that either she or any of her relatives has ever heard anything about her husband since 1996. In view thereof, the prayer made n the writ petition cannot be entertained. Hence, 3 the writ petition is disposed of . The application is also disposed of. (R.V.MORE, J.) (D.B.BHOSALE, J.) 4