Dwari Swain vs State Of Odisha And
2023 Latest Caselaw 11618 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WPCRL No.82 of 2023

              Dwari Swain                         ....      Petitioner

                                 Mr. B. Tripathy, Advocate

                                       -versus-

              State of Odisha and                 ....    Opp. Parties
              others

                                 Smt. Saswata Patnaik
                                 Addl. Government Advocate

                                CORAM:
                          JUSTICE S.K. SAHOO
                     JUSTICE SIBO SANKAR MISHRA
                                   ORDER

Order No.                        25.09.2023

   05.           This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition in the nature of habeas corpus has been filed with a prayer to rescue the daughter of the petitioner, who is aged about twenty one years and produce before this Court.

Learned counsel for the State drew the attention of this Court to the missing report lodged by the petitioner before the Inspector in-charge of Bharatpur police station wherein it is mentioned by the petitioner that while leaving the house, the victim had taken // 2 //

cash of Rs.1,00,000/- (rupees one lakh) and gold ornaments and left a message on her mobile phone that she was leaving the house on her own accord with the opposite party no.5 and that family members should not search for her.

Learned counsel for the State has obtained instruction from the Inspector in-charge of Bharatpur police station wherein it is indicated as to what steps have been taken to trace out the missing girl but no positive result has been found out. It is further mentioned that the enquiring officer is taking all the sincere steps to trace out the missing girl.

In view of the available materials on record and the report furnished by the learned counsel for the State, we find that it is a case of missing person and in view of the ratio laid down by the Hon'ble Supreme Court in a catena of judgments including in the cases of Union of India -Vrs.- Yumnam Anand M. alias Bocha alias Kora alias Suraj and another reported in (2007) 10 Supreme Court Cases 190 and Home Secretary (Prisons) and others -Vrs.- H. Nilofer Nisha reported in (2020) 14 Supreme Court Cases 161 and also, having regard for the recent decision of a Division Bench of this Court in the case of Nimananda Biswal -Vrs.- State of Odisha & others [WPCRL No.124 of 2023, decided on 08.09.2023], the writ petition is not maintainable

// 3 //

particularly when the daughter of the petitioner, who is a major girl, on her own accord has left her lawful guardianship with cash and gold ornaments and left a message that she was accompanying the opposite party no.5 and therefore, at this juncture, it cannot be said that there was any kind of wrongful detention of the daughter of the petitioner.

Accordingly, the writ petition is dismissed. Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

( S.S. Mishra) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 27-Sep-2023 12:55:00