The High Court dismissed a writ petition challenging the police report regarding a missing person after finding no petitioner at their claimed residence and the petitioner failing to appear unrepresented.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.1420 of 2013
Jashabanta Sahu
..……. Petitioner
Mr. Bhabani Shankar Mishra-1, Adv. -Versus- State of Orissa & others ..…….. Opp. Parties Mr. S.S. Kanungo, AGA
CORAM:
JUSTICE S. TALAPATRA JUSTICE M.S. SAHOO
ORDER
08.08.2022
Order No.
1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
2. Heard.
3. In terms of the order dated 26.07.2020, Mr. S.S. Kanungo, learned Addl. Government Advocate has placed before us the written instruction that he has received from the I.I.C., Bisra Police Station.
4. On perusal of the instruction, we find that, no such person by the name of the petitioner lives in the village of Balidiha Grama Panchayat. The similar opinion has been expressed by the Revenue Inspector of Sargipali Tahasil under Sundargarh district. Another village was searched in order to ascertain the whereabouts of the missing person.
5. It has been reported that, the missing person took shelter in the house of Fiku Sa (47) of that village along with a woman, namely Smt. Sujata Sa. The Police has examined one Meena Hembrum (28), who claimed that one unknown person, who had identified himself as
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Arabinda Sahoo sought her help. That person had requested her to act as his wife, as he would withdraw money from the bank. After few days, the said person, namely Arabinda Sahoo, who is named as a missing person in this writ petition, came to her Tailoring shop at Bandamunda. Then they got married at Sundargarh Court on 12.06.2013 in presence of her brother Sanjit. Arabinda Sahoo and Meena Hembrum stayed in the house of Fiku Sa of Subalia for two days. Meena had repeatedly asked Arabinda Sahoo to take her to his native village. Then, he took her to Rourkela Railway Station instead of his village. She suspected Arabinda Sahoo (the missing person) to be a fraud. So she left Arabinda at Railway Station and went home at
Urmei after informing his brother Sanjit. Thereafter, Arabinda Sahoo started threatening her and her family members that he would file a case against her and her family members, if she did not go with him. Therefore, the existence of the present writ petitioner has been seriously doubted by the Police.
6. In two previous occasions, there had been no representation from the petitioner. Even today, none appears to represent the petitioner.
7. Having noted thus, this writ petition stands dismissed for nonprosecution. The written instruction as handed up stands returned.
(M.S. Sahoo) Judge
Subhasis
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1 issue framed by the court
Whether the writ petition should be dismissed due to non-prosecution and inability to locate the petitioner.
Jashabanta Sahu
State of Orissa & others
S. Talapatra
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
