This writ petition was disposed of as infructuous because the victim's statement revealed voluntary departure, rendering the criminal case against the accused based on kidnapping mistakes of fact.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPCRL No.57 of 2018
None appears for the petitioner when the matter is called. Heard Mr.A.K.Nanda, learned Addl. Government Advocate.
Mr. Nanda produces the report of the I.I.C., Jaleswar P.S. before this Court. The same be kept on record.
It is revealed from the said report that the victim girl appeared before the I.I.C., Kharvelnagar P.S. and stated before him that she on her own volition had run away from her parents home and gone to her uncle’s house. When she knew that F.I.R. has been registered against the accused-Sujit Ghosh at Jaleswar Police Station regarding her kidnapping, she appeared before the I.I.C., Kharvelnagar P.S., Bhubaneswar. Her statement was recorded by jurisdictional magistrate under Section 164 Cr.P.C. and the investigating officer submitted final report as a mistake of fact in this case on 01.05.2018.
In view of such development, since there remains nothing to be decided in this writ petition, the same has become infructuous.
Bichi
Accordingly, the WPCRL is disposed of, as infructuous. As restrictions are continuing due to COVID-19 pandemic, learned counsel for the appellant/petitioner may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.
………………………
S.K. Mishra, J.
……………………… Savitri Ratho, J.
2
3
1 provisions across 1 enactments
S.K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
