Akhila Sahani Vs the Director General of Police, Cuttack — Orissa HC (2025) — LawSathi Research

Akhila Sahani Vs the Director General of Police, Cuttack — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the police administration failed to act in not rescuing the petitioner's daughter, alleged to have been kidnapped by a named accused (alleged police inaction forming the basis of the writ petition). +1 more

Court's answer

The story of the kidnapping stands denied and disproved by the victim girl, and she was not given in marriage while in minority; consequently, the Court did not intend to delve deep into the writ petition.

Ratio / Principle

The victim girl's statement recorded under Section 183 of the BNSS showed that she left the house voluntarily because of physical assault inflicted upon her, and after attaining majority she has married the accused person and is living a happy conjugal life — contrary to the kidnapping version projected by the petitioner.

Key takeaways

As per the certificate issued by the Board of Secondary Education, Odisha, the girl's date of birth is 2nd August, 2007; as on the date of the order she had attained majority, and her version reflected that she contracted marriage after attaining majority and is living a happy life with her husband.ratio¶21
No element was found making the girl's production inevitable; accordingly the writ petition was dismissed with no order as to costs.ratio¶24

Detailed headnote1 paragraphs

WPCRL No. 53 of 2025 (High Court of Orissa at Cuttack; Division Bench of Hon'ble the Chief Justice Harish Tandon and Hon'ble Mr. Justice Murahari Sri Raman; order dated 13.10.2025) — Criminal writ petition filed by a father (Akhila Sahani) alleging police inaction in rescuing his daughter, whom he alleged was kidnapped by a named accused arrayed in the petition. Following a direction to the police, the girl was rescued from a house belonging to the uncle of the alleged accused. Her statement under Section 183 of the BNSS told a different story: she left home voluntarily because of physical assault, and after attaining majority (date of birth 02.08.2007 per Board of Secondary Education, Odisha certificate) she married the accused and is living a happy conjugal life. Holding the kidnapping story denied and disproved and noting there was no marriage during minority, the Bench found no element making her production inevitable and dismissed the writ petition with no order as to costs.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPCRL No.53 of 2025

Akhila Sahani

…. Petitioner

Mr. Hemanta Kumar Mohanta, Advocate -Versus-

The Director General of Police, …. Opposite Parties Odisha, Cuttack and others

Mr. Debashis Tripathy, Addl. Govt. Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE AND

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

06.

13.10.2025

1 . Since the girl was not found at the residence, it was perceived

by the petitioner, the father of the girl that she has been kidnapped by the person of the locality and lodged an FIR giving a colour that she has been kidnapped by the named accused person, who is also arrayed as a party in the instant writ petition.

2 . Immediately thereafter, the instant writ petition came to be filed alleging inaction on the part of the police administration in not rescuing the girl, who might suffer in different treatment and there is every possibility raising a reasonable apprehension that she might be taken out of the State or the Country for some illegal gains.

3 . The direction was passed upon the police administration to take steps and it is revealed today that the said girl has been rescued from a house belonging to the uncle of the alleged accused.

Page 1 of 2

4 . Her statement was also recorded under Section 183 of the BNSS, which percolates a different story to what has been projected by the petitioner before the police administration as well as the Court. She unequivocally stood firm on her statement that she left the house voluntarily because of physical assault having inflicted upon her and after attaining the majority, she has married the accused person and living a happy conjugal life.

5 . The date of birth shown in the certificate issued by the Board of Secondary Education, Odisha is 2^nd August, 2007 and as on this date, she has attained majority. The version of the girl is reflective of

the fact that she contracted marriage after attaining majority and living a happy life with her husband.

6 . Since the story of the kidnapping is denied and disproved by the victim girl and that she has not given in marriage while in minority, we do not intend to delve deep into the instant writ petition.

7 . We, thus, do not find any element where the production is inevitable. Accordingly, this writ petition is dismissed. No order as to costs.

(Harish Tandon) Chief Justice

(M.S. Raman)

Signature Not Verified Judge

Digitally Signed S.K. Behera Signed by: SISIRA KUMAR BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-Oct-2025 20:19:39

Page 2 of 2