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2013 Supreme(Ori) 238

M.M.DAS, A.K.RATH
Minati Dash – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioner: M/s. S. Pradhan, G. N. Sahu , P. Sahoo & S. Jena.
For Opp. parties:Addl. Government Advocate. ( For O.Ps 1 to 6 & 9 )

JUDGMENT

M. M. DAS, J. 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, Cutt








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