Orissa High Court
WPCRL/63/2026 of PRASANTA KUMAR PATRA Vs STATE OF ODISHA on 27 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.63 of 2026 Prasanta Kumar Patra …. Petitioner Mr. Gourav Dash, Advocate -Versus- State Of Odisha & Ors. …. Opposite Parties Mr. Sanjay Rath, AGA CORAM: HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE CHITTARANJAN
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.63 of 2026
Prasanta Kumar Patra
….
Petitioner
Mr. Gourav Dash, Advocate
-Versus-
State Of Odisha & Ors.
….
Opposite Parties
Mr. Sanjay Rath, AGA
CORAM:
HON’ BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
27.07.2026
02.
1. Heard learned counsel for both the parties.
2. The present Writ Petition, in the nature of a writ of habeas corpus, has been filed by the younger son alleging that his mother was being wrongfully and illegally detained by his elder brother, who had allegedly kept her under his custody and prevented the Petitioner from meeting her.
3. On the previous occasion, this Court directed the Police Authorities to take appropriate steps in the matter and submit a report.
4. Today, Mr. Rath, learned Additional Government Advocate (AGA), hands over to the Court a report submitted by the Inspector- in-Charge (IIC), Derabish Police Station, Kendrapara, addressed to the Superintendent of the Hon'ble High Court of Orissa, Cuttack. The endorsement affixed thereto reveals that the report was received on 20.07.2026. However, the same has not been tagged with the case record. The Office is directed to tag the report with the record forthwith.
The report discloses the circumstances that led the mother to reside with her elder son and also refers to the conduct of the Petitioner towards her. This Court does not consider it necessary to delve into those aspects, as it has been informed during the course of hearing that the mother has since passed away. The report further reveals that, at the time of the visit by the Police Officer, she was in a comatose condition and was under medical treatment.
5. In view of the fact that the alleged detenue is no longer alive, no useful purpose would be served by keeping the present Writ Petition pending. Accordingly, the Writ Petition stands dismissed.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
AKPradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Jul-2026 15:22:41 Signature Not Verified