NESAR AHMED KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) By means of this writ petition, the custody of the minor namely Sumaiya Khanam has been sought to be restored in favour of the petitioner who is the natural guardian being the minor's father. It has been stated that the minor who is aged about 12 years has AFR been forcibly confined and illegally detained by the Opposite Parties No.6 to 11 since the year, 2015. However, it is admitted that the Opposite Parties No.6 to 11 are the sister of the petitioner and her daughter and son in law. It has been categorically submitted that the petitioner has been denied to meet his daughter despite series of attempts made by him.

(2.) The petitioner had reported the matter to the concerned police station as well as to the Child Welfare Committee (CWC) but no positive action has surfaced from those authorities. In these perspective facts, the petitioner has approached this court urging for issuance of a writ of habeas corpus, directing the Opposite Parties No.1 to 5 to produce the minor in the court and restore the custody of the minor to the petitioner.

(3.) The petitioner had approached the Plantsite police station on 12/9/2015 for removal of his minor daughter. As the police did not take any action, the petitioner filed a complaint in the court of the Sub Divisional Judicial Magistrate, Rourkela being I.C.C. case No.765 of 2015.