3. ss 09.01.2014 None appears for the petitioner when the matter is called. Heard learned Mr.Sahoo, learned Additional Standing Counsel appearing for the State. 2. Perused the averments made in the writ petition as well as counter affidavit. As it appears, the writ petition was filed on 03.07.2009 and the petitioner is not interested to prosecute his case. Since the wife of the petitioner, Subhadra Behera, whose custody was sought for, has returned to the company of the petitioner and statement under Annexure-A/2 series to the counter filed by O.I.C., Satyabadi P.S. reveals that she is presently residing with the petitioner as wife and husband. Therefore, the writ petition has become infructuous. 3. The writ petition is accordingly dismissed as infructuous. …..…………….. I.Mahanty, J. ………………………… B.N.Mahapatra, J. W.P.(Crl.) NO.426 OF 2009 2