Manoj Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPCRL No.82 of 2022 Sri Manoj Mandal ......... Petitioner Ms. Rita Singh, Adv.

-Versus- State of Orissa ....... Opp. Parties & Others Mr. S.S. Kanungo, AGA

CORAM:

JUSTICE S. TALAPATRA JUSTICE M.S. SAHOO

ORDER

12.09.2022 Order No.

06.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Mr. S.S. Kanungo, learned Addl. Government Advocate appearing for the State has filed the written instruction received from the IIC, Malkangiri Village 79 PS. From the said written instruction, it appears that the victim has been recovered by the police and she had been produced before the S.D.J.M., Malkangiri for recording her statement under Section 164 of the Cr.P.C.

3.

Mr. S.S. Kanungo, learned Addl. Government Advocate has submitted that the victim girl having asked by the S.D.J.M., Malkangiri, expressed that she is not inclined to go to her parents, but since the victim is admittedly a minor girl, not only at the time of the alleged kidnapping but also on the day when she was recovered, on the advice of the District Child Welfare Committee, Malkangiri, the victim girl has been sent to a safe house called "Swadhar Greh" at Malkangiri.

4.

Ms. R. Singh, learned counsel appearing for the petitioner has not confronted the statements over the rescue and the production of the victim before the S.D.J.M., Malkangiri but she has seriously alleged that CWC is not allowing the parents to meet the victim girl whereas some strangers who are unrelated to the victim are being allowed to meet the victim girl.

5.

We are not making any observation on the said statement of fact but we shall direct CWC, Malkangiri to allow the parents of the victim girl meet her.

6.

However, her parents including the petitioner shall not create any annoyance while they will meet the victim. 7.

Malkangiri Village 79 PS, IIC is also directed to give the necessary protection to the parents during the time while they will meet the victim girl.

8.

CWC is also directed to explore and decide on recycling of the custody of the victim girl to the parents. 9.

Subject to the above observation, this petition being infructuous, stands closed and disposed.

10.

A free copy of this order be furnished to the counsel for the parties including Mr. S.S. Kanungo, learned Addl. Government Advocate.

11.

The written instruction as submitted, be kept in the record. (S. Talapatra) Judge (M.S. Sahoo) Rati Ranjan Judge