Writ petition regarding the custody of a 15-year-old POCSO victim rescued on 09.11.2022. The High Court directed State authorities to return the victim to her mother's custody and disposed of the petition as infructuous due to the victim's recovery.
Directed State authorities to place the victim in the custody of her mother, Smt. Rebati Behera, forthwith.
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. 80 of 2022
Sri Gayadhar Behera
..……. Petitioner
Mr. V. Jena, Advocate
Versus
State of Odisha & Others ..…….. Opposite Parties
Ms. S. Pattnaik, AGA
CORAM:
JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER
14.12.2022
Order No. 08.
1. This matter is taken up through Hybrid Mode.
2. Mr. V. Jena, learned counsel appearing for the petitioner and Ms. S. Pattnaik, learned Additional Government Advocate have submitted that the victim had been rescued on 09.11.2022 and she was produced to the court of Additional District Judge-cum-Special Judge [under POCSO Act], Bhadrak. As per the direction of the said court, presently the victim is staying in a short stay home at Bhadrak. The report submitted by the IIC, Agarpada P.S. is placed on record.
3. Through Mr. V. Jena, learned counsel, the petitioner has urged before us to direct the opposite parties to allow the victim (15 years of age) live with her parent.
4. Having regard to that prayer and notwithstanding any order passed by the Additional District Judge-cum-Special Judge [under POCSO Act], Bhadrak, we direct the State authorities to recycle the victim to the custody of her mother, Smt. Rebati Behera who is present before us in person today forthwith.
5. In view of the recovery of the victim girl, this writ petition has become infructuous. Accordingly the same is disposed of as infructuous.
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6. A copy of this order be sent to the Additional District Judgecum-Special Court [under POCSO Act] for constructive knowledge.
7. A free copy of this order be supplied to Ms. S. Pattnaik, learned Additional Government Advocate for onward transmission.
puspa
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
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2 issues framed by the court
Whether the victim of POCSO Act should be allowed to live with her parent instead of staying in a short stay home.
Whether the writ petition regarding the custody of the victim has become infructuous due to her recovery.
1 provisions across 1 enactments
Sri Gayadhar Behera
State of Odisha
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
