Dipti Sankar Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.17058 of 2022 Dipti Sankar Mohapatra ......... Petitioner Mr. S.N. Biswal, Adv.

-Versus- State of Odisha and Others ....... Opp. Parties Mr. S.S. Kanungo, AGA

CORAM:

JUSTICE S. TALAPATRA JUSTICE M.S. SAHOO

ORDER

06.09.2022 I.A. No.10950 of 2022 Order No.

02.

1.

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

2.

The applicant who is the writ petitioner in WP(C) No.17058 of 2022 of 2022 has filed this application for changing the nomenclature of the case from WP(C) to WPCRL. 3.

Mr. S.N. Biswal, learned counsel has appeared for the applicant and Mr. S.S. Kanungo, learned Addl. Government has appeared for the Opposite Parties.

4.

We do not find any difficulty in allowing the conversion. Hence, this petition is converted from WP(C) to WPCRL.

5.

In terms of the above, this petition stands allowed and disposed of.

(S. Talapatra) Judge (M.S. Sahoo) Judge WP(C) No.17058 of 2022 Order No.

03.

1.

Registry shall make necessary correction in the record, in terms of the order passed in, I.A. No.10950 of 2022. 2.

Heard Mr. S.N. Biswal, learned counsel appearing for the petitioner. Mr. Biswal, learned counsel has submitted that the police did not cater any information as regards his daughter, for production of whom, this writ petition seeking issuance of the Habeas Corpus has been filed.

3.

Mr. S.S. Kanungo, learned Addl. Government Advocate has submitted the written instruction the he received from the IIC, Badagada P.S., Bhubaneswar. In the report it has been categorically stated as follows:

Received information from reliable source that the missing girl is at village- Saradapur under Khurda Town PS and has married to MD Azar Karim @ Azar. Immediately proceeded towards villageSaradapur under Khurda Town PS along with lady staff and traced ..........[the name of the victim, as

withheld by us]. Made local enquiry at the villageSaradapur and it came to light that ............ [the name of the victim, as withheld by us] had married to MD Azar Karim @ Azar at Masjid, Baxi Bazar, Cuttack on dated 27.05.2022 in presence of witnesses. Examined the missing girl ........... [the name of the victim, as withheld by us] and she stated that she does not want to return to her parental house as she is having happy married life. Seized Notarial Certificate of ............ [the name of the victim, has been withheld by us] and MD Azar Karim @ Azar vide Sl. No.240 dtd.27.05.2022 executed by Sri Gundicha Baral, LLB, Regd No.26/03, Puri.

4.

In view of the statement as laid in the above instruction, we would like to close this proceeding as infructuous. Accordingly, the proceeding stands disposed of.

5.

Before parting with the records, we would direct the IIC, Badagada PS, Bhubaneswar to immediately arrange a meeting of the daughter of the petitioner with the petitioner in a place, as would be selected by the Police.

6.

The date and place of the said meeting will be communicated to the petitioner by the IIC, Badagada police station, in terms of our direction.

7.

A free copy of this order be supplied to Mr. S.S. Kanungo, learned Addl. Government Advocate for onward transmission.

8.

In addition thereto, a copy of this order be directly sent to the IIC, Badagada, police station, Bhubaneswar by the Registry. 9.

A free copy of this order be supplied to Mr. S.N. Biswal, learned counsel for the petitioner forthwith. (S. Talapatra) Judge (M.S. Sahoo) Judge Rati Ranjan