Orissa High Court
WPCRL/56/2026 of JHADESWAR DALAI Vs STATE OF ODISHA on 31 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.56 of 2026 CNR No.ODHC010264382026 Jhadeswar Dalai …. Petitioner Mr. Sanjay Kumar Pattanaik, Advocate -Versus- State of Odisha & Ors. …. Opp. Parties Mr. Debashis Tripaty, AGA CORAM: HON’ BLE THE CHIEF JUSTICE AND
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.56 of 2026
CNR No.ODHC010264382026
Jhadeswar Dalai
….
Petitioner
Mr. Sanjay Kumar Pattanaik, Advocate
-Versus-
State of Odisha & Ors.
….
Opp. Parties
Mr. Debashis Tripaty, AGA
CORAM:
HON’ BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
31.08.2026
04.
1. The instant Writ Petition in the nature of habeas corpus was taken out by the father of the minor victim girl, who was allegedly kidnapped by Opposite Party No.4. On the last occasion, the matter was adjourned as the learned Additional Government Advocate submitted that the Police had received reliable information and a team had been constituted to visit the locality and, in the event the minor victim girl was found, to rescue her.
2. Today, the learned Additional Government Advocate submits on instruction that the said raid has yielded a positive result, as the minor victim girl was physically present at the same spot and, in fact, has been rescued. After she was taken into custody by the Police authorities, her statement was recorded under Section 180(3) of the BNSS and she was also produced before the concerned Magistrate for recording her statement under Section 183 of the BNS.
3. She was also produced before the CWC, Balasore, and is now lodged in Krushna Sukuri Kanyashram, Nilgiri. Since the minor victim girl is in the proper custody of the CWC as a child in need of care and protection, the appropriate direction would be passed by the CWC, taking into account the welfare of the said minor girl.
4. There is no point in directing the Police to produce the said minor before this Court, once she has been rescued and is now in proper custody in accordance with law. The Writ Petition is, thus, dismissed. However, it will not prevent the Petitioner from approaching the CWC for an appropriate direction.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
AK Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Sep-2026 17:50:33 Signature Not Verified