High CourtsDivision Bench(2024) 02 OHC CK 0037

Jita Gadtia Vs State Of Odisha & Others

Orissa High Court · Decided on 5 February 2024

HON’BLE JUDGES
S.K. Sahoo, J · S.K. Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl) No.07 Of 2024

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 310 words

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. Satya Prakash Mahapatra, learned counsel appearing for the petitioner through Virtual High Court, Bargarh and learned Addl. Government Advocate for the State.

This writ petition in the nature of a habeas corpus for rescue of the minor daughter of the petitioner.

Mr. Mahapatra, learned counsel for the petitioner submits that the F.I.R. was lodged on 18.12.2023 by the petitioner before the Officer in-charge of Bhatli police station and accordingly, Bhatli P.S. Case No. 301 dated 18.12.2023 was registered under section 363 of the Indian Penal Code against unknown persons. But subsequently, the petitioner came to know that the opposite party no.4, Kausthabha Biswal is involved in the case and he has kidnapped the minor daughter of the petitioner. Accordingly, due intimation has been given not only to the Investigating Officer but also to the Superintendent of Police, Bargarh. However, no sincere step has been taken for rescue of the minor daughter and for arrest of opposite party no.4.

Issue notice to the opposite parties on the question of admission indicating therein that the matter shall be disposed of at the stage of admission.

Mr. Das, learned counsel for the State accepts notice on behalf of opp. party no.1 to 3.

Let the Officer in-charge of Bhatli police station serve notice on the opp. party no.4.

List this matter in the week commencing from 19.02.2024.

Learned counsel for the State shall obtain instruction, produce the case diary so also an affidavit filed by the Investigating Officer of the case or the Officer in-charge of the Bhatli police station regarding steps taken for rescue of the victim girl and for arrest of opp. party no.4 by the next date.

A free copy of the order be handed over to the learned counsel for the State.

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