119wp175.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 175 of 2009 (Ranjit Ramchandra Banode .vs. Mahendra Ramesh Sontakke and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & P.B.Varale, JJ. Date : 11/09/2009. Heard Mr. B. M. Lonare, Adv. for petitioner and Mr.N.W.Sambre, Government Pleader for respondent nos. 2 and 3. Petitioner, who is the father of girl Heena who is missing since 16.6.2008, has approached this Court for issuance of Writ of Habeas Corpus for producing the girl before this Court . Learned Government Pleader has submitted that the First Information Report was lodged by the petitioner on 18.6.2008 and on the basis thereof, Crime No. 156 of 2008 for the offences punishable under Sections 363 and 366 of the Indian Penal Code came to be registered against accused Mahedra s/o. Ramesh Sontakke, who used to reside by the side of house of Heena. The Government Pleader has submitted that the investigating team was sent to Madhya Pradesh, Chhatisgarh and some part of Maharashtra State; similarly, the statements of relatives of petitioner as well as accused were also recorded. It is submitted that 119wp175.09.odt 2 . sketch of the girl was circulated to the concerned Police Stations where it was affixed on the notice board and Police Officers of the concerned Police Stations were also asked to carry out proper investigation in this regard; similarly, wide publicity was also given in the print media. The Government Pleader has further submitted that, during the course of investigation, it was revealed that girl Heena was in love with the accused and the possibility that both of them may have ran away cannot be ruled out. It is contended that charge sheet is already filed in the Criminal Court by the prosecution against accused Mahendra and arrest warrants are also issued by the concerned Criminal Courts on 12.6.2009 and therefore, necessary steps have already been taken by the prosecution agency. Counsel for petitioner, in the backdrop of the above referred facts, has submitted that since the charge sheet is already filed in the Criminal Court, liberty may kindly be granted to the petitioner to approach the concerned Court for permission to assist the Public Prosecutor during the course of the trial Court. It is really unfortunate that the daughter of petitioner is missing from 16.6.2008. However, the above facts and circumstances show that the police have taken steps to apprehend the accused as well as the girl Heena. This is not the case where the police failed to conduct effective investigation. On the other hand, it is evident that the investigation was carried out in different states including some parts of the State of Maharashtra; vide publicity was also given; sketch of 119wp175.09.odt 3 . the girl was also forwarded to various Police Stations for necessary investigation and statements of various witnesses were also recorded by the prosecution. The prosecution has already filed charge sheet before the Criminal Court, which has also issued Non-Bailable warrants and execution thereof is underway. Since the matter is now subjudice before the trial Court and appropriate steps by issuing Non-Bailable warrants are already taken by the trial Court, no fruitful purpose shall be served by keeping present Writ Petition pending in the Court. Therefore, we dispose of present Criminal Writ Petition with liberty to the petitioner to move appropriate application before the trial Court for seeking permission to assist the prosecution. JUDGE JUDGE jais