Orissa High Court
WPCRL/68/2026 of AKSHAYA KUMAR JENA Vs STATE OF ODISHA on 22 June 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.68 of 2026 Akshaya Kumar Jena … Petitioner Mr. P.A. Panda, Advocate -Versus- State of Odisha and others … Opposite Parties Ms. Aishwaray Dash, Additional Standing Counsel CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.68 of 2026
Akshaya Kumar Jena
…
Petitioner
Mr. P.A. Panda, Advocate
-Versus-
State of Odisha and others
…
Opposite Parties
Ms. Aishwaray Dash, Additional Standing Counsel
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
22.06.2026
02.
1. The present writ petition in the nature of habeas corpus is at the behest of the father of the minor victim girl alleging that she has been wrongfully kept in the custody of person who kidnaped her. The FIR was lodged in this regard but sensing that the police are not taking any steps to get the minor victim girl released from such unlawful custody and/or detention, the present writ petition is filed.
2. It is submitted by learned Additional Standing Counsel that the police was able to trace out the minor victim girl and her statement was recorded under Sections 180 and 183 of the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023. The case under the special provisions of the BNS and the POCSO Act has been registered against the accused who managed to fled away from the spot wherefrom the minor victim girl was rescued. The minor victim girl was produced before the Child Welfare Committee, Cuttack and in terms of the order passed by the Committee, she is kept in the Basundhara Open Shelter, Cuttack. Since the CWC is in custody of a minor victim girl as she is a child in need of care and protection, the direction for production of such minor child before this Court would not yield any fruitful purpose. The concern is focused on the welfare of the minor child and once she is in safe custody of the CWC, there is no justification in keeping the instant writ petition pending.
3. Accordingly, the writ petition is disposed of.
4. However, we hasten to add that the police will take all possible steps to bring justice to the said minor child by taking an appropriate steps and completing the investigation against the accused at the earliest.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge
Aswini Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PERSONAL ASSISTANT (SECY I/C) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 23-Jun-2026 18:34:13 Signature Not Verified