WPCRL/15/2026 of ADHIRA MALIK Vs STATE OF ODISHA on 17 August 2026

ORDER

17.08.2026

07.

1. Heard learned counsel for the Parties.

2. The instant Writ Petition in the nature of habeas corpus has been filed at the behest of the mother of the victim, allegedly to have been kidnapped by Jagabandhu Malik i.e. Opposite Party No.5 on 23.12.2025.

3. The complaint was lodged with the Soro P.S., and Soro P.S. Case No.1091 dated 24.12.2025 was registered under Sections 137(2)/329(4)/324(4)/76/303(2)/115(2)/3(5) BNS. It is specifically alleged that the victim was a minor at the time of her kidnapping. The complaint reveals that the victim girl was earlier kidnapped by the Opposite Party No.5 and was rescued by the police in connection with Soro P.S. Case No.434 of 2025. The victim girl, after being rescued from Aluva, Kerala, was produced before the learned Court of J.M.F.C., Soro, before whom she volunteered her statement, which was recorded under Section 183 BNSS. She was sent for medical examination, which was conducted by the medical officer, CHC, Soro. The Opposite Party No.5, being accused of the kidnapping, was forwarded to the Court of J.M.F.C., Soro, on 01.11.2025. It is alleged that after the accused released on bail, he once again kidnapped the victim girl.

On the basis of the complaint lodged to that effect, the FIR was registered vide P.S. Case No.1091 of 2025 and no sooner the FIR was registered, the police swung into action, conducted search and after a manhunt, the victim girl was rescued from the custody of the Opposite Party No.5 from Sarkat Nagar under Varkat Nagar P.S., Thane, Maharashtra on 22.07.2026. Although the family members of the victim girl were contacted and informed about the rescue of the victim girl, they refused to remain present near the victim and also did not cooperate with the investigation. However, the statement of the victim girl was recorded under Section 180 BNSS on 24.07.2026 and under Section 183 BNSS on 25.07.2026.

Although she was sent for medical examination, she refused to undergo the same. The accused i.e. Opposite Party No.5 was forwarded to the court on 25.07.2026. As the victim’s family refused to take the custody of the victim girl, she was produced before the Child Welfare Committee (CWC), Balasore and was accommodated in Krusna Sukari Kanya Ashram, Nilgiri, Balasore (Children Home), for her safe custody.

The statements recorded under Section 180 BNSS and under Section 183 BNSS suggests that the victim girl has attained majority and she had volunteered to elope with the accused as she was not properly treated in her parental house, even her parents did not take her custody and was left in the Ashram. She narrated her difficulties before the Opposite Party No.5 and insisted to remain in his company, whereafter they left the village. She refuted all the allegations with regard to the fact that she was kidnapped or that she was in any way sexually harassed, misbehaved by the accused i.e. the Opposite Party No.5 in any manner and expressed her willingness to remain with the Opposite Party No.5.

4. Keeping in view the aforesaid facts and circumstances since the authorities have taken proper care of the victim girl with regard to her safety and security, upon denial of her parents to take her custody, there is no point in keeping this writ application alive and/or to pass any further direction.

5. The Writ Petition is, hence, dismissed. .

(Harish Tandon)

Chief Justice

(Chittaranjan Dash) Judge Bijay/Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT ORISSA, CUTTACK Date: 24-Aug-2026 10:13:04 Signature Not Verified