Petitioner sought direction to rescue his minor daughter kidnapped under IPC Section 363. Court found girl left home willingly on 08.04.2023, married consensually, and stayed with uncle after police investigation, leading to disposal of the petition.
None granted as matter disposed of based on police status report showing voluntary departure and marriage.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.31 of 2023
Baburam Giri
&. Petitioner
Mr. A.K. Das, Advocate
-versus-
State of Odisha and &. Opp. Parties others
Mr. Rajesh Tripathy Addl. Standing Counsel
Order No.
CORAM:
JUSTICE S.K. SAHOO
JUSTICE SIBO SANKAR MISHRA
ORDER
11.09.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This writ petition in the nature of habeas corpus has been filed by the petitioner Baburam Giri with a prayer for direction to the opposite party no.3, the Officer in-charge of Talsari Marine police station, inter alia, to rescue his minor daughter from the clutches of the kidnapper in connection with Talsari Marine P.S. Case No.38 dated 07.08.2022 in the district of Balasore and for production of the minor daughter before this Court.
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Learned counsel for the petitioner submitted that the birth certificate so also the certificate of Board of Secondary Education, Odisha of the victim indicates that her date of birth to be 07.04.2005 and the petitioner lodged the first information report before the Inspector in-charge of Talsari Marine police station on 07.08.2022 for which Talsari Marine P.S. Case No.38 dated 07.08.2022 was registered under section 363 of the Indian Penal Code against Bhaba Shankar Giri.
Even though it is the case of the petitioner that Bhaba Shankar Giri has kidnapped his minor daughter but he has not been arrayed him as a party in the writ petition.
However, in pursuance of the order of this Court, the Inspector in-charge of Talsari Marine police station has submitted the status report from which it appears that on 30.06.2023, the victim girl was rescued and intimation was given to her parents to cooperate with investigation. It further reveals that the statement of the victim girl was recorded and then she was sent to C.H.C., Jaleswarpur for her medical examination and then she was produced in the Court of learned Gram Nyayalaya -cum- J.M.F.C., Bhograi for recording of her statement under section 164 Cr.P.C. and she stated that she left her house towards Hyderabad being angry on her parents and on
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08.04.2023, she married to Bhaba Shankar Giri on her sweet will and after recording of 164 Cr.P.C. statement and with her written consent, she is now staying with her uncle. The status report is taken on record.
In view of the status report submitted by the Inspector in-charge of Talsari Marine police station, we are not inclined to pass any further order in this writ petition, which is, accordingly, disposed of.
Urgent certified copy of this order be granted as
RKM
per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
Signature Not Verified
Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 12-Sep-2023 12:56:07
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1 issue framed by the court
Whether the writ petition regarding the rescue of a minor girl should be disposed of after she left her home willingly on 08.04.2023
Baburam Giri
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
