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Judgment
This writ petition has been filed by the petitioner in the nature of Habeas Corpus seeking production of his minor daughter ‘H’ with the submissions that she is in illegal detention of respondent Nos.5 & 6.
Copy of the petition was ordered to be supplied to learned AAG, who sought time on 16.02.2023 to produce the corpus.
Today, the corpus has been produced alongwith a report inter-alia indicating that the corpus was located on 04.03.2023, whereafter, her statements under Section 161 Cr.P.C. and 164 Cr.P.C. were recorded and she was produced before the Child Welfare Committee, Pali, wherein, she expressed her desire to go with her mother and, therefore, her custody was handed over to her mother.
The corpus is present before the Court. We have interacted with the corpus, who on interaction indicated that she went with Mukesh on her own and that now she wants to go with her mother.
In view of the above fact situation, wherein, the corpus has been located and her custody has already been handed over to her mother, the petition filed by the petitioner is rendered infructuous, the same is, therefore, dismissed as having become infructuous.
The custody of the corpus be again handed over to her mother, as desired by her.