In a habeas corpus petition, the court recorded an affidavit stating the victim, a girl aged 18+, was staying voluntarily with her aunt without compulsion or threat from her father. Consequently, the court found no illegal detention and disposed of the writ petition.
Writ petition disposed of. Lokdal warrant returned forthwith.
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W.P.(Crl.) No. 57 of 2015
12.01.2016 Heard Mr. H.N Tripathy, learned counsel for the petitioner, Mr. Pradhan, learn
ed Additional Government Advocate and Mr. B. Jali, learned counsel for opposite party no.4.
Pursuant to the direction of this Court dated 21.12.2015, Sukadev Das, IIC, Ni
kiria Police Station along with Tapaswini Samal, Lady Constable, Nikiria Police Station produc
ed the victim girl-Itishree Malik and her father-Krushna Chandra Malik before this Court.
On being asked Itishree Malik stated that she is aged about 18+ years and at p
resent she is staying in her aunts (mausi) house on her own volition and not by any compulsion
from any body including her father. She also stated that there is no threat to her from any b
ody including her father and she wants to stay there as well as with her father.
In view of the above, this Court finds no illegal detention of the victim girl
-Itishree Malik by anybody.
The writ petition, which is filed in the nature of habeas corpus, is according
ly disposed of. The LCR be returned back forthwith.
......
Pradip Mohanty, J.
S.K. Sahoo, J.
1 issue framed by the court
Whether the victim girl alleged to be illegally detained was in fact illegally detained.
Itishree Malik
Krushna Chandra Malik
Pradip Mohanty
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court