Coram Justice Talapatra and Savitri Ratho dismissed the habeas corpus petition filed by the petitioner, holding it was not a fit case for issuing the writ as the petitioner sought to deprive the victim's mother of custody.
Petition dismissed at the threshold without any cost.
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.65 of 2023
Goutam Samal …. Petitioner
Mr. T.K. Mandal, Advocate
-Versus-
State of Odisha & Others .… Opp. Parties
Ms. Saswata Pattnaik, AGA
Order No.
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
26.06.2023
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard Mr. T.K. Mandal, learned counsel appearing for the petitioner.
3. On reading of the petition, we find that this petition has been designed to take extraneous benefit. For elucidation, we can refer to Paragraphs-4 and 5 of the petition which reveal the intention of the petitioner. It has been prayed by the petitioner that on production of the victim [his daughter-in-law], she shall be handed over to the custody of her mother. In such circumstances, we do not think this is a fit case for issuing any writ of habeas corpus.
2
4. Accordingly we dismiss the petition at the threshold, however without any cost.
5. Ms. Saswata Pattnaik, learned Additional Government Advocate has appeared for the State-Opposite Parties.
(S. Talapatra)
Judge
(Savitri Ratho) Judge
Signature Not Verified
Digitally Signed Signed by: ASISH KUMAR KAR Designation: ADR-cum-Addl. Principal Secretaty Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Jun-2023 19:21:04
1 issue framed by the court
Whether the petition for issuance of writ of habeas corpus is maintainable when the petitioner's intention is to deprive the parent of the victim's custody.
Goutam Samal
State of Odisha
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
