1 3542.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3542 OF 2010 Mr.Kumar Lal Thakur & Anr. ...Petitioners Versus The State of Maharashtra & Ors. ...Respondents ...... Mr.N.V.Gangal for Petitioners. Mr.D.P.Adsule, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. (IN CHAMBERS) DATED:- FEBRUARY 3, 2011. P.C. 1. By this Petition, it is prayed that Writ of Habeas Corpus be issued directing Respondent No.1 to search and produce Petitioners’ missing daughter Ekta who according to the Petitioner is kept in illegal detention of Respondent No.2. Further relief is claimed that the custody of Ekta be handed over to the Petitioners. Pursuant to direction issued by us, the A.P.I. Mr.L.S.Vartikar, Mira Road Police Station has produced Ekta in Court before us. We have interviewed Ekta in Chambers in the presence of others as well as separately. She states that she wants to stay separately and 2 3542.10 continue to reside at Delhi where she is presently employed. After interviewing Ekta, it is not possible to take the view that she is not in a position to take her own decisions. We are recording this observation in the light of the assertion made in the Petition that some time in 1990, Ekta met with an accident where she was stuck up with high voltage overhead electric current of open wires, which resulted in her mental as well as physical disorder. It is noticed that Ekta is almost 32 years of age. She wants to stay independently and not with the parents. Insofar as the relief of production of Ekta is concerned, that is worked out. In view of the fact that Ekta wants to stay independently and has made up her mind to stay in Delhi, it is not possible for us to direct handing over custody of Ekta to the petitioners. 2. After this order was dictated, we inquired with Ekta as to whether she would spend at least one night with her parents and then consider leaving for Delhi. She states that she has no difficulty in staying with her parents and spending a night with them but they should not force her to stay back and leave her on her own whenever she decides to go to Delhi. The Petitioners as well as younger brother of Ekta who is present before us have assured that if Ekta intends to go to Delhi, they will not come in her way 3 3542.10 and in fact would facilitate her in getting train reservation to travel to Delhi. That assurance is accepted. 3. Petition disposed of on the above terms. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)