Orissa High Court
WPCRL/23/2026 of AMIYA RANJAN BARIK Vs STATE OF ODISHA on 28 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.23 of 2026 Amiya Ranjan Barik …. Petitioner Represented by Adv. Mr. S.K Jena, Advocate -Versus- State of Odisha & Others …. Opp. Parties Represented by Adv. Mr. S.K. Swain, AGA CORAM: HON’BLE THE CHIEF JUSTICE AND
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.23 of 2026
Amiya Ranjan Barik
….
Petitioner
Represented by Adv.
Mr. S.K Jena, Advocate
-Versus-
State of Odisha & Others
….
Opp. Parties
Represented by Adv.
Mr. S.K. Swain, AGA
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
28.07.2026
04.
1. It is the second incident when the minor victim girl has left the parental house, and the FIR has been lodged alleging her kidnapping by the accused named in the instant Writ Petition. On the first occasion, she disclosed that since her parents were forcing her to marry a boy, whom she did not intend to marry, she had left the house voluntarily and took shelter in the house of her friend. On the second occasion also, she fled away from her parental house and a direction was passed by this Court on 11.05.2026, taking into account the statement made by her on the earlier occasion, for the personal appearance of the Petitioner and his wife. Pursuant to the said direction, they appeared before this Court. On the last occasion, it was pointed out that the Investigating Team had found a positive clue regarding the whereabouts of the said minor victim girl.
2. Yesterday, when the matter was taken up, a serious allegation was made by the learned counsel for Petitioner that the police were harassing the Petitioner and his family members, even by registering a false case. We directed the matter to be listed today as the learned Additional Government Advocate was unable to respond to the said allegations in the absence of any instruction on the last occasion. Today, the learned Additional Government Advocate submits that there is no FIR lodged against the brother of the minor victim girl and that he was called to the police station as he had some positive clue regarding the location of his sister. Acting on the basis of such clue, the investigating team has rescued the minor victim girl, and her statement has been recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); a copy whereof is annexed to the instruction. She was offered a medical examination, which she denied, and being a minor, she has been kept in a One Stop Center (Sakhi) at Kendrapada for further follow-up action. She will be produced before the CWC, Kendrapada, today, and her statement shall also be recorded under Section 183 of the BNSS.
3. Since the minor victim girl has already been rescued and produced before the CWC, such custody cannot be said to be unlawful and/or amount to wrongful confinement. We trust and hope that the police authorities will act in accordance with the provisions of law on the basis of her statements made under Sections 180 and 183 of the BNSS, if the same so warrant, and will leave no stone unturned in extending justice to the said victim girl. Since the victim girl has already been rescued and is in proper custody, we do not think that it would subserve any purpose to keep the instant Writ Petition pending. Accordingly, the same is hereby dismissed.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
Bijay/ Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Jul-2026 17:38:13 Signature Not Verified