Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.143 of 2024
Namita Behera …. Petitioner Represented by Adv.-
Mr. A. Parida, Advocate
-Versus- State of Odisha and others …. Opposite Parties Represented by Adv.– Mr. P.S. Nayak, Addl. Govt. Advocate
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.K. SAHOO
ORDER 03.04.2025
The matter is taken up through Hybrid mode.
2. This writ petition in the nature of the habeas corpus is at the behest of the mother of alleged minor victim girl, who is stated to have been missing and/or kidnapped by some unknown persons, for production of the said minor girl before the Court. Several orders were passed in the instant writ petition signifying the concern over the allegations made by the writ petitioner in the instant writ petition and directions were also issued upon the police authorities to take appropriate steps for rescue of the minor girl. It was pointed out to the
Order No.
06. p. 2 Court on an earlier occasion that though the whereabouts of the girl is made known yet due to lack of the cooperation from the concerned Police Station i.e., Jaisalmer Police Station, the rescue operation could not be conducted. However, the matter was adjourned in order to facilitate the rescue of the minor victim girl with the active co- operation of the reciprocating police station and appropriate steps to be taken in this regard.
3. Today the learned Additional Government Advocate for the State hands over the copy of the order passed by the Rajasthan High Court in S.B. Criminal Writ Petition No.98 of 2025 (Gayatree Behera and another Vs. State of Rajasthan and others) instituted by the missing girl as well as another co-petitioner namely, Thakur Das seeking police protection obviously apprehending a threat of life.
4. The first petitioner being the girl has stated her age as 18 years, which indicates that she has attained majority by this time. The tenet of the order though recorded in the vernacular language percolates a clear message that she voluntarily left home with the co- petitioner with an aspiration to live a peaceful conjugal life and because of the persistent threat having inflicted upon them, the said p. 3 writ petition was taken out and an order directing the police to provide an adequate protection is passed by the Rajasthan High Court.
5. The pith and substance of the episode as indicated hereinabove, leaves no ambiguity that the allegation as to the kidnapping and/or missing of the girl is concocted for the purpose of filing the instant writ petition in the nature of habeas corpus. The whereabouts of the girl is known and evident, more particularly, when she moved the Rajasthan High Court seeking police protection and, therefore, we do not find any semblance of truth in the statement of the petitioner.
6. The writ petition is thus dismissed. Let the order of the Rajasthan High Court be taken on record.
(Harish Tandon) Chief Justice
(S.K. Sahoo) Judge
S.K. Behera
Designation: Junior Stenographer