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2023 Supreme(Ori) 158
IN THE HIGH COURT OF ORISSA AT CUTTACK
S. Talapatra, Savitri Ratho, JJ.
Basanti Nayak – Appellant
Versus
State of Odisha & Ors. – Respondents
Writ Petition (CRL) No. 33 of 2021
Decided On : 24-01-2023
B.P.Pradhan, Advocate, J.Katikia, Advocate
The court emphasized the importance of rigorous search efforts and timely communication of information in cases of missing persons under a writ of habeas corpus.
Headnote:
Writ of Habeas Corpus - Missing Person - The court directed the police to continue the search operation rigorously and transmit any information about the missing person to the petitioner within 24 hours.
Fact of the Case:
The petitioner's husband had been missing since 11.04.2007. The police had filed several status reports but could not disclose any materials to locate the missing person.
Finding of the Court:
The court found that granting further time and listing the matter on several occasions would not suffice the cause of justice. Therefore, the court directed the police to continue the search operation rigorously and transmit any information about the missing person to the petitioner within 24 hours.
Issues: The main issue was the failure of the police to locate the missing person despite filing several status reports.
Ratio Decidendi: The court emphasized the need for rigorous search efforts and timely transmission of any information about the missing person to the petitioner.
Final Decision: The court disposed of the writ petition with directions for the police to continue the search operation rigorously and transmit any information about the missing person to the petitioner within 24 hours.
JUDGMENT
1. This matter is taken up through hybrid mode.
2. Heard Mr.B.P.Pradhan, learned counsel appearing for the petitioner. Mr. Pradhan, learned counsel has stated that for last two years after filing of this writ petition for issuance of writ of habeas corpus, the police have filed several status report but they could not disclose any materials which might help to look after the petitioner's husband who is missing since 11.04.2007. In this regard, Astaranga P.S. Case No.31 of 2009 was registered on the basis of the information imparted to the police.
3. It has been stated by Mr. J.Katikia, learned Additional Government Advocate that on completion of investigation, charge sheet has already been filed but the missing person could not be located by the police. However, the police have urged for further accommodation to find out the whereabouts of the missing person.
4. We are of the view that for granting time and listing the matter on several times would not suffice the cause of justice at all. Under such circumstances, this writ petition stands disposed of with the following directions:
5. The opposite parties No.2, 3 and 4 are directed to continue the search operation rigorously and make all attempts to look at the missing person, the husband of the petitioner, namely, Prafulla Nayak or to confirm the whereabouts of the said missing person if in the course of search any information about missing person is received by the police, that shall be transmitted to the petitioner, within 24 hours from the time of receipt of the said information.
6. The W.P. (CRL) is accordingly disposed of. There shall be no order as to the costs.
7. Urgent certified copy of this order be granted as per rules.
