Chandan Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPCRL No.62 of 2022 Chandan Mishra ....

Petitioner Mr. R. Achary, Advocate -versusState of Odisha & others ....

Opp. Parties Mr.J. Katikia, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO JUSTICE BIRAJA PRASANNA SATAPATHY Order No.

ORDER

31.05.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner Chandan Mishra has filed this writ petition in the nature of a habeas corpus praying for custody of his minor son, who is stated to be in the company of his grand-parents i.e. opposite party nos.4 and 5.

After hearing the learned counsel for the petitioner, we are of the considered view that remaining of the child in the company of his grandparents cannot be said to be an illegal detention to entertain this writ petition and more particularly, when

// 2 // the petitioner has got an alternative remedy to claim the guardianship of his minor child.

Learned counsel for the petitioner seeks permission of the Court to withdraw this writ petition with the liberty to approach the appropriate forum. With such liberty, the writ petition stands disposed of.

Issue urgent certified copy as per Rules.

(S.K. Sahoo) Vacation Judge (Biraja Prasanna Satapathy) Vacation Judge PKSahoo