Biswajit Nairankari v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2752 of 2012 Biswajit Nairankari & Others ....

Petitioners Mr.S.K.Dash, Advocate -VersusState of Odisha & Others ....

Opposite Parties Mr.S.N.Das,ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

22.07.2022 Order No.

07.

1.

Heard learned counsel for the petitioners and learned ASC for the State.

2.

This is an application under Section 482 of Cr.P.C. filed by the petitioners against order dated 15th May, 2012 passed by the learned court below in G.R. Case No. 394 of 2012 whereby custody of the victim was refused in favour of the petitioner. 3.

In fact, after F.I.R. was lodged, the victim was rescued and subsequently produced before the court below, whereafter, the petitioners are said to have moved an application for taking her custody which was declined by the impugned order dated 15th May, 2012. Admittedly, by the time the alleged incident took place, the victim was a minor and the accused was arrested in connection with the incident for having committed offences under Sections 363/366 I.P.C. As it further appears, the request of the accused to take custody

// 2 // of the victim was rejected by the court below and thereafter, she was sent to a short stay home. The order is of the year 2012 and in the considered view of the Court, the matter might have become infructuous and hence, no further directions need be required on the custody of the victim by long passage of time and accordingly, it is ordered.

4.

Consequently, the CRLMC is dismissed.

(R.K. Pattanaik) Judge kabita