Santosh Omprakash Vishwakarma v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 774 OF 2015 Santosh Omprakash Vishwakarma .. Petitioner Vs.

The State of Maharashtra and ors.

.. Respondents Mr. Sachin Chindarkar for petitioner.

Mr. H. J. Dedhia, APP for State.

CORAM: P. V. HARDAS & A. S. GADKARI,JJ.

JULY 01, 2015.

P.C.

1.

This is a petition filed by the petitioner for issuance of a writ of habeas corpus for production of his daughter - Pooja, who was found missing as she is alleged to have eloped with respondent no.2. Pooja was produced before us today and her statement was recorded. In the statement, Pooja had clearly stated that she was willing to reside with the petitioner, who is her father, provided the petitioner was willing to solemnize marriage of Pooja with respondent no.2.

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Subsequently, at 3.00 p.m., further statement of Pooja was recorded and Pooja has stated that she wishes to reside with the petitioner as the petitioner has assured her that her marriage would be performed with respondent no.2. Learned counsel for the petitioner has also reiterated before us that the petitioner has assured Pooja that he would perform the marriage of Pooja with respondent no.2. We, therefore, direct that Pooja be permitted to reside with the petitioner.

3.

Learned counsel for the petitioner, therefore, states that the petitioner may be permitted to withdraw this writ petition. 4.

Accordingly, writ petition is disposed as withdrawn. Notice of habeas corpus stands recalled. In the circumstances, there will be no order as to costs.

(A. S. GADKARI,J.) (P. V. HARDAS,J.)