In this habeas corpus petition concerning the kidnapping of a minor daughter, the court noted that investigation was closed and a charge sheet submitted for POCSO offences. Finding the custody issue resolved, the court disposed of the petition.
Petition for habeas corpus disposed of without further order.
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WPCRL No.02 of 2016
05. 15.12.2016 None appears for the petitioner at the time of call. M
r. L. Samataray, learned Additional Government Advocate for the State is present.
Mr. Samantaray, learned Additional Government Advocate for the State d
rew our attention to the written instruction received by the Office of the Advocate General, O
disha, Cuttack from the I.I.C., Kuakhia P.S. The said written instruction is quoted hereunder:
To
The Advocate General,
Odisha, Cutack.
Ref:- W.P.(Crl.) No.02/2016 filed by
Smt. Usha Malik arising out of
Kuakhia P.S. Case No.210/15.
Sub: Submission of status report in Kuakhia P.S. Case No.2
10/15.
Sir,
In inviting to the reference and subject cited above I have the honour
to submit status report in Kuakhia P.S. Case No.210/15(GR-1205/2015) as follows. On the writt
en report of Usha Malik (45), W/o Ramakanta Malik of vill-Kalan, PS-Kuakhia, dist-Jajpur regar
ding kidnapped to her minor daughter the above referred case has been registered U/S, 363/294/
34IPC and investigated by SI.P.Tudu.
During course of investigation the victim lady was rescued and the acc
d. Akash Malik was arrested both were sent to CHC, Madhuban for medical examination but the vi
ctim lady denied to be medically examined. The statement of the victim lady was recorded in th
e honble court of J.M.F.C., Chandikhole U/S, 164 Cr.P.C. Accd. Akash Malik was forwarded to th
e court. After closure of investigation of the case, as sufficient evidence was well made out
against accd. Akash Malik U/s, 363/366/376(2)(i) IPC & 4POSCO Act, Charge sheet was submitted
vide C.S. No.43 dt.28.4.16 U/s,363/366/376(2)(i) IPC & 4POSCO Act.
This for favour of kind information and necessary action.
Sd/-
IIC, Kuakhia P.S.
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
1 issue framed by the court
Whether a writ of habeas corpus needs to be granted for the production of a minor girl whose parent case for abduction has been closed and charge sheet submitted.
Oracle Crl. W.P. No.02 of 2016
State of Odisha
I. Mahanty
Biswajit Mohanty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court