Judgment

S.K.Sahoo, J.

“Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death.”

– Patrick Henry

In this petition for a writ of habeas corpus, the petitioner Mrs. N. Ratnakumari has challenged the illegal arrest and unlawful detention of her husband Dr. N. Pravakar Babu (hereinafter ‘the detenue’) and has prayed for his release from the unlawful and illegal detention with a further prayer to quash the same.

2. It appears from the facts of the case that one Umakanta Nayak, S/o-Late Damodar Nayak of Naik Sahi, Buxi Bazar, P.S-Mangalabag, District-Cuttack lodged a First Information Report before the Inspector-in-Charge, Mangalabag Police Station alleging therein that his wife Namita Nayak and one Sharmista Nayak were closely known to each other and residing in the same Sahi. On 12.3.2014, Smt. Sharmista Nayak alleged to have taken the wife of the informant on the pretext of visiting Sai Baba Ashram and since his wife did not return back home for about 15/16 days, the informant contacted his wife over telephone and came to know from her that