PRADEEP KUMAR PARIJA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This habeas corpus petition has been filed by the petitioner alleging kidnapping of his eldest daughter Manisha Parija by one Ramakanta Sethy opposite party No. 5. It is stated that in spite of lodging of FIR in Tirtol Police Station on 2.7.2008, no effective steps have been taken by the Police to recover his daughter.

(2.) It is contended by the learned counsel for the petitioner that the victim girl was minor on the date of kidnapping and in spite of the fact that petitioner rendered all assistance, and approached every authority, the Police has not made any attempt to recover her. Therefore, this Court should take serious note of the fact and direct the opposite party, police authorities to produce her before this Court.

(3.) On the contrary, learned Additional Government Advocate has vehemently opposed the petition contending that the petitioner's daughter was major on the date of alleged kidnapping and the petitioner has not filed any satisfactory document to show that she was a minor. Petitioner's daughter was a student. Thus, copy of the high school certificate could have been filed. There is a material on record to show that she had voluntarily gone with opposite party No.5 with sufficient cash, jewellery etc. So it could not be a case of kidnapping. Petition is liable to be dismissed.