In a habeas corpus petition, the petitioner sought production of his minor daughter. The Court noted a police report stating the child was rescued and is staying with her parents, dismissing the writ petition accordingly.
The writ petition is disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.103 of 2023
Jyoti Shankar Mohapatra …. Petitioner
Mr. H.S. Panda, Advocate
-versus-
State of Odisha and …. Opp. Parties others
Order No.
03.
Smt. Saswata Patnaik
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
JUSTICE SIBO SANKAR MISHRA
ORDER
25.09.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
In this writ petition in the nature of habeas corpus, the petitioner Jyoti Shankar Mohapatra has prayed for a direction to the opposite parties more particularly opposite parties nos.3 and 4 to produce his minor daughter before this Court.
Learned counsel for the State has produced the written instruction dated 29.08.2023 received from the Inspector in-charge of Bhadrak Rural police station wherein it is stated that the victim, who is the
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daughter of the petitioner has been rescued and her statement has been recorded by the I.O. so also by the learned S.D.J.M., Bhadrak under section 164 Cr.P.C. and the victim denied about the kidnapping by anybody as well as any sexual assault and she was produced before the C.W.C., Bhadrak and sent to Child Line, Bhadrak and at present, the victim is staying with her parents. The written instruction is taken on record.
Learned counsel for the petitioner submitted that the daughter of the petitioner is now staying in the house of the petitioner.
In view of the submissions made by the learned counsel for the respective parties and the report furnished by the Inspector in-charge of Bhadrak Rural police station, the writ petition is disposed of.
Urgent certified copy of this order be granted as per rules.
( S.K. Sahoo) Judge
( S.S. Mishra)
Judge
RKM
Signature Not Verified
Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 27-Sep-2023 12:55:01
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1 issue framed by the court
Whether a direction to produce the minor petitioner’s daughter was necessary in light of the police report stating she is with her parents.
1 provisions across 1 enactments
Jyoti Shankar Mohapatra
State of Odisha
S.K. Sahoo
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
