Orissa High Court
WPCRL/27/2026 of PABITRA SWAIN Vs STATE OF ODISHA on 18 May 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.27 of 2026 Pabitra Swain …. Petitioner Represented by Adv.– Mr. Ashok Kumar Sahoo, Advocate -Versus- State of Odisha and Others …. Opposite Parties Represented by Adv.– Ms. Aishwarya Dash, Addl. Standing Counsel CORAM:
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.27 of 2026
Pabitra Swain
….
Petitioner
Represented by Adv.–
Mr. Ashok Kumar Sahoo, Advocate
-Versus-
State of Odisha and Others
….
Opposite Parties
Represented by Adv.–
Ms. Aishwarya Dash, Addl. Standing Counsel
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
18.05.2026
04.
1. The instant writ petition in the nature of habeas corpus is taken out by the father of the minor victim girl, who was allegedly kidnapped her and concealed in an unknown place and, therefore, she should be rescued from such unlawful detention.
2. It is alleged that despite lodging of the FIR the police did not show any inclination to rescue her from the illegal custody of the opposite party Nos.4 and 5 which constrained the petitioner to approach this Court. The orders were passed from time to time directing the police administration to immediately take steps for rescue of the said minor girl and file progress report in this regard.
3. Today, the learned Additional Standing Counsel submits on instruction that the said minor girl has already been rescued from the custody of the opposite party Nos.4 and 5, in fact, the opposite party No.4 has been apprehended and a case has been registered under different provisions of the Bharatiya Nyaya Sanhita, 2023 as well as the Protection of Children from Sexual Offences (POCSO) Act, 2012. The statement of the minor victim girl was recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and was produced before the Child Welfare Committee (CWC), Kendrapara. She has been given into the custody of her aunt where she is residing.
4. Since the minor girl has been rescued, there is no purpose which would be subserved in directing physical production of the said minor girl before this Court, more particularly, when she is in safe custody of her aunt in terms of the order passed by the CWC, Kendrapara. The petitioner may approach the concerned authority, if any further order is solicited. Since the girl has already been rescued from unlawful custody, the writ petition in the nature of habeas corpus is, hereby, dropped.
5. The writ petition is disposed of accordingly.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge
S.K. Jena/Sr. Secy. Digitally Signed Signed by: SANJAY KUMAR JENA Designation: Asst. Registrar-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 20-May-2026 16:26:38 Signature Not Verified