MINATI DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner claiming to be the mother of one Abhay Kumar Dash has filed the present writ petition seeking issuance of Writ of Habeas Corpus directing production of her son Abhay Kumar Dash on the ground that the detention of said Abhay Kumar Dash is illegal and without authority of law, the FIR lodged at Baripada Police Station during investigation of which the said son of petitioner has been arrested does not bestow the Baripada police with any jurisdiction to investigate into the said FIR, remand order of the son of the petitioner suffers from lack of jurisdiction and suppression of registration of an earlier FIR for the self-same incident vitiates the investigation, and, hence, the son of the petitioner has been illegally detained.

(2.) It is the case of the petitioner that her son Abhay Kumar Dash, who is at present under unlawful detention at Baripada Circle Jail was one of the informants along with twelve others in the joint FIR lodged before the I.I.C., Madhupatna Police Station on 16.1.2013, which has been registered as Madhupatna P.S. Case No. 6 of 2013 corresponding to G.R. Case No. 89 of 2013 pending in the court of the learned S.D.J.M, Sadar, Cuttack. Copy of the FIR lodged in Madhupatna Police Station, Cuttack has been annexed to the writ petition from which, it purportedly appears that the said Abhay Kumar Dash was one of the informants. Thereafter, another FIR was lodged in Baripada Town Police station registered as Baripada Town P.S. Case No. 23 of 2013 by two persons, namely, Kamal Kumar Tosniwal and Smita Nanda. It appears that both the said informants were also persons who lodged the FIR jointly with the son of the petitioner before Madhupatna Police Station.

(3.) In the FIR lodged before the Madhupatna Police Station, it was alleged by the informants that the complaint made against one Mr. Arvind Kumar Seth earlier, should be considered seriously as he has been cheating various clients all over Orissa giving assurance for a good return on investment and the informants under such false commitment invested money with assurance of high yield, but he failed to fulfill the commitment and cheated them. In the FIR lodged before the Baripada Town Police Station, the two informants, who are residents of Baripada, made allegation against the Company, namely, Mirror Forex Academy Pvt. Ltd. having its office at Sector 10 Noida, Uttar Pradesh founded by the said Arvind Kumar Seth of Banaras stating that he operated through the son of the petitioner, i.e., Abhay Kumar Dash, who managed to persuade the informants to invest money with the assurance that it will yield very handsome interest. Believing such assurance, the informants invested huge amounts which were never returned to them.