Basanti Nayak vs State Of Odisha And Others

This matter is taken up through hybrid mode.

Heard Mr.B.P.Pradhan, learned counsel appearing for the petitioner. Mr. Pradhan, learned counsel has stated that for last two years after filing of this writ petition for issuance of writ of habeas corpus, the police have filed several status report but they could not disclose any materials which might help to look after the petitioner’s husband who is missing since 11.04.2007. In this regard, Astaranga P.S. Case No.31 of 2009 was registered on the basis of the information imparted to the police.

It has been stated by Mr. J.Katikia, learned Additional Government Advocate that on completion of investigation, charge sheet has already been filed but the missing person could not be located by the police. However, the police have urged for further accommodation to find out the whereabouts of the missing person.

We are of the view that for granting time and listing the matter on several times would not suffice the cause of justice at all. Under such circumstances, this writ petition stands disposed of with the following directions:

The opposite parties No.2, 3 and 4 are directed to continue the search operation rigorously and make all attempts to look at the missing person, the husband of the petitioner, namely, Prafulla Nayak or to confirm the whereabouts of the said missing person if in the course of search any information about missing person is received by the police, that shall be transmitted to the petitioner, within 24 hours from the time of receipt of the said information.

The W.P. (CRL) is accordingly disposed of. There shall be no order as to the costs.

Urgent certified copy of this order be granted as per rules.

.......................................