The High Court disposed of a W.P.CRL filed by the father of a minor girl seeking habeas corpus against illegal confinement. The court noted the rescue of the victim and the forwarding of the accused to custody, observing that no further consideration was required. Thus, the writ petition was disposed of in the original proceedings.
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WPCRL No.110 of 2015
04. 06.12.2016 Heard learned counsel for both the parties.
This writ application in the nature of habeas corpus has been filed by the petitioner on the g
round that his minor daughter-Dipti Jena was in illegal confinement of opposite party No.4.
Perused the affidavit of Balaram Nayak, Inspector-in-Charge, Balikuda
Police Station dated 27.11.2015. Relevant para of the said affidavit is quoted hereunder:
5. That after rescue of the victim girl, the accused-Sampad Mallick S/
0, Sri Jitendra Mallick of Panitira, PS: Balikuda, District: Jagatsinghpur was arrested on 13.
08.2015 and he was forwarded to the Court of learned District & Sessions Judge-cum-Special Jud
ge, Jagatsinghpur on 14.08.2015. On 08.10.2015 the charge sheet has been filed against the acc
used under Section 363/366/376/379 I.P.C. r/w. Section 6 of the Protection of Children from Se
xual Offence Act.
It appears from the copy of the order sheet filed by opposite party No
.3 that the learned Special Judge, Jagatsinghpur in Special G.R. Case No.23/2015 has directed
the Civil Judge (Sr. Division), Jagatsinghpur to record the statement of the alleged victim un
der Section 164 Cr.P.C. and since the alleged victim refused to go back to the custody of her
parents, the victim was sent to the Short Stay Home, namely, Basundhara, Cuttack.
In view of the aforesaid facts, nothing further remains to be consider
ed in the present application seeking a writ in the nature of habeas corpus.
Accordingly, the WPCRL is disposed of.
Urgent certified copy of this order be granted on proper application.
I. Mahan
ty,J.
Biswajit Mohanty,J.
2
2 issues framed by the court
Whether the impugned order disposing of the writ application in nature of habeas corpus requires any modification.
Whether the learned court below had reason to dispose of the writ petition without independent adjudication of its merits.
3 provisions across 3 enactments
Petitioner
Sampad Mallick
Jitendra Mallick
Balikuda Police Station
District & Sessions Judge-cum-Special Judge, Jagatsinghpur
Balaram Nayak
Mahamaya Pattanayak
Biswajit Mohanty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court