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2019 Supreme(Ori) 131

S.K.MISHRA, A.K.MISHRA
Swarnalata Mishra – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
H.N. Tripathy B P Rath, Adv., S.R. Tripathy, Adv., S.R. Mohapatra, Adv., B.R. Mohanty, Adv., L. Pattnaik, Adv., M.K. Swain, Adv., S. Harichandan, Adv., S.K. Nayak-I, Adv., D. Nayak, Adv., D. Nayak-A, Adv., S.K. Sahu, Adv.

JUDGMENT :

A. K. Mishra, J.

This writ for habeas corpus is filed by the mother petitioner seeking custody of her tiny tot daughter.

2. Narrated in a nutshell, the grievance of the petitioner is that on 19.07.2016 she gave birth a girl child in the Moon Hospital, Cuttack. On 31.03.2017 at 7 A.M., while the baby was sleeping on the outer verandah of her house and she was busy in the household work inside, opposite party no.4 Ganeswar Nayak came in a vehicle bearing registration No.OR-05-AR-6120 and took away the baby. The petitioner clamored for rescue of the child but it was in vain. Later she came to know that opposite party no.4 had sold her daughter to opposite party no.5 Biswajit Nayak for a consideration of Rs.20,000/-. The petitioner made efforts to get back her daughter but opposite party no.5 refused to hand over the custody of the child. The petitioner lodged written F.I.R. before the I.I.C., Athagarh Police Station (Opposite Party no.3) but the same was not registered. Police did not respond to her repeated request. Petitioner sent the written F.I.R. by registered post vide Annexure-3 to opposite party no.3. Even on 19.6.2017 she sent e-mail to Superintendent of Police, Cutta

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