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2026 DAILYLAW 26537 (ORI)

GITANJALI SI v. STATE OF ODISHA

WPCRL/67/2026 · 2026-07-20

Chittaranjan Dash, Harish Tandon Cj

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.67 of 2026 Gitanjali Si …. Petitioner Represented by Adv.– Mr. Parsuram Panda, Advocate -Versus- State of Odisha and others …. Opposite Parties Represented by Adv.– Ms. Aishwarya Dash, Addl. Standing Counsel CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 20.07.2026 03. 1. The instant writ petition in the nature of habeas corpus is at the behest of the mother of a major girl, who had been given in marriage and begotten therefrom by giving birth to a child. 2. It is alleged that she has been wrongfully kidnapped from the parental house leaving a three year old child there at. Despite a complaint and/or FIR having lodged, the police did not take any positive step to rescue her. The police team showed alacrity in making an investigation and in fact contacted the said lady, who is currently residing in the city of Bombay. She disclosed that she has voluntarily gone there and does not intend to come back to the State of Odisha. 3. In view of such disclosure that she went voluntarily, the allegation of false kidnapping does not stand. She is major and capable of taking a decision in her life. If she has decided to part away from the parents or any other person, such decision being free and without being tainted with a malice, coercive and/or under the threat of life, we do not think that any interference as warranted in the writ of habeas corpus. 4. The instant writ petition is dismissed. (Harish Tandon) Chief Justice (Chittaranjan Dash) Judge S.K. Jena/Sr. Secy. Designation: Asst. Registrar-cum-Sr. Secretary Location: High Court of Orissa, Cuttack.