Orissa High Court
Kishore Kumar Naik vs State Of Odisha & Others on 3 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.173 of 2015
Kishore Kumar Naik ... Petitioner
None
-versus-
State of Odisha & others .... Opp. Parties.
Mr. Arupananda Das,
Additional Government Advocate.
CORAM:
JUSTICE S.K. SAHOO
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 03.10.2023
3. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
None appears on behalf of the petitioner at the time
of call.
Learned counsel for the State is present.
This writ petition in the nature of habeas corpus has
been filed by the petitioner with a prayer for a direction to
the opposite parties to cause production of his wife Sunali
Priyadarshini Sahoo before this Court to enable the
petitioner to resume his conjugal life.
Learned counsel for the State has brought to the
notice of this Court that Sunali Priyadarshini Sahoo lodged
a written report before the Burla Police Station and since
the same was not acted upon, she approached this Court
in CRLMP No.854 of 2015 for registration of the F.I.R. and
// 2 //
investigation into the matter. This Court vide its order
dated 10.08.2018 directed the opposite party no.4, i.e.,
I.I.C., Burla Police Station to register the written report
and to take follow up action in accordance with the law as
per the judgment of the Hon'ble Supreme Court in the
case of Lalita Kumari -Vrs.- Government of Uttar
Pradesh and others reported in (2014) 2 Supreme
Court Cases 1.
It is submitted by learned counsel for the State that
though the marriage between the petitioner and Sunali
Priyadarshini Sahoo was registered before the Marriage
Officer, Talcher on 18.12.2014, but the same was
cancelled on 09.01.2015 as some false and fabricated
materials were incorporated in the marriage certificate. It
is further stated that it is the case of Sunali Priyadarshini
Sahoo that she was kidnapped by the petitioner.
Though the averment has been taken in this writ
petition that opposite party no.6 Saraswati Sahu and
opposite party no.7 Chhabi Sahu along with other
unknown persons have forcibly taken the wife of the
petitioner and her whereabouts is till unknown to the
petitioner, but in view of the case instituted by Sunali
Priyadarshini Sahoo before Burla Police Station and also
before this Court in CRLMP No.854 of 2015, it is apparent
that she has not been wrongfully confined by anyone but
she seems to be staying at her father's place rather she
had grievance against the petitioner for which she lodged
the first information report.
In view of the materials available on record, we do
not find any material that Sunali Priyadarshini Sahoo has
// 3 //
been wrongfully confined or illegally detained by anybody
and therefore, this writ petition is not maintainable and
accordingly, dismissed.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
amit
Signature Not Verified
Digitally Signed
Signed by: AMIT KUMAR MOHANTY
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Oct-2023 14:55:54
