Babula Mohanty v. State of Odisha
Case brief
What is this about?
Orissa High Court Cuttack WPCRL No.89 of 2025, order dated 04.08.2025, Harish Tandon CJ and Murahari Sri Raman J. Babula Mohanty v. State of Odisha. Habeas corpus writ alleging kidnap of 17-year-old minor girl; police rescue; suspect apprehended; statement under Section 183 Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 before Magistrate; case registered against accused; girl placed in Institution by CWC Khordha as child in need of care and protection; steps under Juvenile Justice (Care and Protection of Children) Act 2015. Holding: no direction to hand over child to petitioner once under CWC statutory purview; physical production declined; writ petition dismissed. Keywords: habeas corpus, missing minor, rescue, CWC custody, BNSS 2023 S.183, JJ Act 2015, child welfare committee.
What did the court decide?
This Court held that where a minor victim has been rescued and placed under the purview of the statute applicable to child care and protection (CWC custody), the writ jurisdiction in the nature of habeas corpus should not direct handing over of the child to the petitioner.