Writ petition arising from a man-missing FIR in which the petitioner claimed a lady as his wife. The State produced her notarised affidavit stating she was married to another and living in Gujarat. Finding no kidnapping, the Court made no further order and disposed of the petition.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No. 123 of 2024
Bhagaban Mallik …. Petitioner
Represented By Adv. – Mr. S. K. Routray, Advocate
-versus-
State of Odisha and others …. Opposite Parties
Represented By Adv. – Mr.U.C.Behura, Advocate Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
25.11.2024
Order No.
03. 1. Mr. Behura, learned advocate, Additional Government
Advocate appears on behalf of State and hands up his instruction dated 24th November, 2024. He submits, the lady is living as wife of one Charan Singh in district Morbi of Gujarat. Mr. Routray, learned
advocate appears on behalf of petitioner.
2. Enclosed in the instruction is an affidavit sworn before notary. Contents of the affidavit are reproduced below.
Page 1 of 2
// 2 //
“ I, Etishree Singh, aged about 25 years, D/o Late Mutul Singh, AtKishorchandrapur, P.S. Berhampur, Dist. Balasore, do hereby solemnly affirm and state as follows :
“1. That I was working as a maid servant in the house of Bhagaban Mallik, S/o Gobadhan Malik, At-Jagannathpur, P.S. Nikirai, Dist. Kenerapada who is now residing at C/o Ajaya Kumar Behera, At/PO. Pandua, P.S. Tumusingha, Dist. Dhenkanal since last eight years.
2. That said Bhagaban Mallik lodged one F.I.R. at Pandua Out Post under Tumusingha P.S. vide Man Missing report bearing No.9, dt. 11.6.2024 stating me as his wife.
3. That in fact I am not the wife of Bhagaban Mallik and I am the legal married wife of Charan Singh, S/o Sunaram Singh, AtArjunduba, P.S. Berhampur, Dist.Balasore at present DistrictMorbi, P.S. Wankara, State-Gujurat-363621 and our marriage has been solemnized since last five months and at represent we are living together as husband and wife.
4. That the allegation of above named Bhagaban Mallik is absolutely false and there is no truth at all.
5. That this affidavit is required to be produced before the competent authority for official purpose.”
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3. This does not appear to be a case where a lady was kidnapped.
4. The writ petition is disposed of.
(Arindam Sinha) Judge
dutta
Signature Not Verified
Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 25-Nov-2024 19:04:26
Page 3 of 3
1 issue framed by the court
Whether further orders were needed in the writ petition concerning a 'man missing' FIR describing the lady as the petitioner's wife, given her affidavit that she was not.
Bhagaban Mallik
State of Odisha and others
Arindam Sinha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
