Sumatimani Sau VS State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SIBO SANKAR MISHRA
Sumatimani Sau – Appellant
Versus
State of Odisha – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Prasanna Kumar Parhi, Advocate
For the Opp. Party No.1: Ms. Sarita Maharana Additional Standing Counsel

JUDGMENT

Sibo Sankar Mishra, J.—Heard Mr. Prasanna Kumar Parhi, learned counsel for the petitioners and Ms. Sarita Maharana, learned Additional Standing Counsel for the State.

2. In this petition, the petitioners are seeking quashing of the order dated 01.08.2024 passed by the learned J.M.F.C., Balasore in connection with Balasore Town P.S. Case No.125 of 2024 corresponding to C.T. Case No.318 of 2024, whereby the application moved by the petitioners for delivery of the custody of their daughter to them has been turned down.

3. The petitioners are accused in connection with Balasore Town P.S. Case No.125 of 2024 corresponding to C.T. Case No.318 of 2024 registered for the alleged commission of the offences punishable under Sections 451/363 of the IPC pending in the Court of the learned J.M.F.C., Balasore.

4. The allegation against the petitioners is that, the complainant reported at the local P.S. inter alia, alleging that on 02.04.2024, he had admitted his new born baby at the Special Care Unit, Balasore Headquarter Hospital and during the treatment on 04.04.2024 in the afternoon, someone had taken his son from the hospital bed. Hence, the F.I.R.

5. The investigation of the case re