Orissa High Court
WPCRL/34/2026 of ASANTI NAHAK Vs STATE OF ODISHA on 27 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(Crl.) No.34 of 2026 Asanti Nahak …. Petitioner Mr. Bibhu Prasad Chhualsingh, Advocate -versus- State of Odisha and others …. Opposite parties Mr. Sanjay Rath, AGA CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(Crl.) No.34 of 2026
Asanti Nahak
….
Petitioner
Mr. Bibhu Prasad Chhualsingh, Advocate
-versus-
State of Odisha and others
….
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
05.
1. The mother of the petitioner has filed the instant writ petition in the nature of habeas corpus alleging that her minor daughter has been kidnapped, but despite the lodging of the F.I.R., no steps have been taken.
2. On several occasions, the directions were passed upon the police authorities to take action in this regard. It is submitted by learned Additional Government Advocate (AGA) representing the State-opposite parties that the minor daughter of the petitioner voluntarily appeared in the police station and gave her statement under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) therein. Since she is a minor, she was produced before the Child Welfare Committee (CWC), Nayagarh and the direction was passed for her medical examination. The document produced by the learned AGA is taken on record.
3. It appears that she refused to undergo the medical examination. Her Statement under Section 183 of the BNSS was also recorded before the jurisdictional Magistrate. In both her statements, she stated that she voluntarily left the house and took shelter in the house of her aunt as the demand she made from her parents was not meted out. Subsequently, the CWC has given the custody of the minor daughter to the petitioner herself.
4. In view of the fact that the minor daughter of the petitioner has already been traced out and after undergoing the process of law, she is integrated into the family; there remains nothing in the instant writ petition. The same is hereby dismissed.
(Harish Tandon)
Chief Justice
(Chittaranjan Dash) Judge
M. Panda Digitally Signed Signed by: MRUTYUNJAYA PANDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Jul-2026 14:01:45 Signature Not Verified