Orissa High Court
WPCRL/61/2026 of KSHIROD BARIK Vs STATE OF ODISHA on 18 May 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No.61 of 2026 Kshirod Barik …. Petitioner Represented by Adv.– Mr. Surajit Mahanta, Advocate on behalf of Mr. Ranjit Mohanty, Advocate -Versus- State of Odisha and Others …. Opposite Parties Represented by Adv.– Mr.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.61 of 2026
Kshirod Barik
….
Petitioner
Represented by Adv.–
Mr. Surajit Mahanta, Advocate
on behalf of Mr. Ranjit Mohanty, Advocate
-Versus-
State of Odisha and Others
….
Opposite Parties
Represented by Adv.–
Mr. Debasish Tripathy, Addl. Government Advocate
CORAM:
HON’BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
18.05.2026
03.
1. Though accommodation is sought for on behalf of Mr. Ranjit Mohanty, learned counsel for the petitioner but after hearing the submission advanced by Mr. Debasish Tripathy, learned Additional Government Advocate, we do not feel that the matter needs to be adjourned in absence of Mr. Mohanty.
2. The present writ petition in the nature of habeas corpus is filed challenging the dormant and lethargic attitude of the police authorities in not rescuing the minor girl from the illegal and wrongful custody of the opposite party No.3 by the person alleged in the said FIR.
3. Mr. Tripathy, learned Additional Government Advocate submits that the said minor girl has been rescued from Keonjhar District and was produced before the Child Welfare Committee (CWC) and on the strength of an order passed by the CWC, she is kept in One Stop Centre, Kendrapara for further follow up action. Her statement was also recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
4. Since the girl has already been rescued and not in a wrongful custody, we do not feel that keeping the instant writ petition pending would not subserve any purpose. The girl is kept in One Stop Centre, Kendrapara by an order of the CWC, she is now in a safe custody. It is open to the petitioner to approach the concerned CWC for any directions and the dismissal of the instant writ petition shall not stand in the way of deciding the same.
5. The writ petition, thus, stands dismissed.
(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