Disposed
Nityananda Palai v. State of Odisha
Orissa HCWPCRL/33/2023
Case brief
from the order text
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HIGH COURT OF ORISSA AT CUTTACK WPCRL No.33…
What the court decided
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.33 of 2023
Nityananda Palai
&. Petitioner
Mr. K.K. Pahil, Advocate
-versus-
State of Odisha and &. Opp. Parties others
Mr. Rajesh Tripathy Addl. Standing Counsel
Order No.
03.
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).
None appears on behalf of the petitioner.
In this writ petition in the nature of habeas corpus, the petitioner Nityananda Palai has prayed for a direction to the opposite parties nos.1 to 4 to rescue his minor child and to produce before this Court.
Learned counsel for the State has produced the status report dated 10.05.2023 of the Inspector in-charge of Rajkanika police station, Kendrapara from which it reveals that on the report of the petitioner that his daughter, who was aged about seventeen years, had gone to college but did not return and one Sibam Gupta had kidnapped his daughter by pretending love to her, Rajkanika P.S. Case No.150 dated 25.02.2023 was registered under section 363 of the Indian
// 2 //
Penal Code. It is further stated that during course of investigation, after the seizure of school admission register where the victim was prosecuting her studies, it was found that the date of birth is 17.02.2006 and her age as on the date of occurrence was seventeen years and eight days and she was minor. It is further stated in the report that on 07.05.2023, the victim girl was rescued from Debulpur, Hyderabad and the accused was also apprehended from the same place by the I.O. and the statement of the minor girl under section 164 Cr.P.C. was recorded in the Court of learned Additional Sessions Judge, Kendrapara and the accused was forwarded to the said Court on 08.05.2023 after his medical examination and the victim minor girl has also been handed over to her parents after proper formalities. The status report is taken on record.
In view of the status report submitted by the Inspector in-charge of Rajkanika police station, Kendrapara, since the P.S. Case which was instituted at the instance of the petitioner is under investigation and the victim has already been rescued and handed over to her parents, we are not inclined to pass any further orders in this writ petition, which is, accordingly, disposed of.
Urgent certified copy of this order be granted as per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge Signature Not Verified
RKM Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 12-Sep-2023 12:56:07
Page 2 of 2
Nityananda Palai
State of Odisha
S.K. Sahoo
Sibosankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court