Jahanara v. State Of Odisha, Home Dept

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPCRL No.11 of 2019 Jahanara ....

Petitioner None -versusState of Odisha and others ....

Opposite Parties Mr. S.S. Kanungo, A.G.A.

Mr. N.R. Routray, Advocate for O.P. No.6

CORAM:

JUSTICE S. TALAPATRA JUSTICE B. P. ROUTRAY

ORDER

29.06.2022 Order No.

13.

1. The matter is taken up through Hybrid mode.

2. None appears for the Petitioner when the matter is taken up. However, Mr. N.R. Routray, learned counsel appears for the Opposite Party No.6. Mr. Routray, learned counsel, has categorically stated that Opposite Party No.6 received the custody of the missing person on 24.11.2018 from Mother Teresa Institution, Janla, Khurda on duly establishing the relation and the identity of the missing person, who was put to the said short stay home with knowledge of the State-Respondents.

3. Mr. S.S. Kanungo, learned Additional Government Advocate appearing for the State has drawn our attention to the reply filed by one Pradipa Kumar Rout for the State on 19.03.2019 wherein it has been averred that the missing boy, who was located and accommodated in the said Mother Teresa Institution. In the Station Diary, the information being SD No.07, dated 24.11.2018 has been recorded. It has been further stated in paragraph 9 of the

said affidavit filed on 19.03.2019 that the said mentally challenged person (the missing person) has been taken back by his family on 24.11.2018 from the said Mother Teresa Institution, Janla, Khurda.

4. Learned counsel appearing for the Opposite Party No.6 has categorically taken the responsibility of holding the custody of the missing person. At present, the missing person is in the custody of the Opposite Party No.6 and such information has been placed on record by the State-Opposite Parties through their affidavit filed on 19.03.2019.

5. In view of this, this writ petition has been infructuous. If there is any dispute as regards the custody or the relation of the missing person with the Petitioner or the Respondent No.6, this can be a subject matter of the civil dispute.

6. Having observed thus, this writ petition stands closed and disposed of.

(S. Talapatra) Judge ( B.P. Routray) Judge MKP/B.K. Barik