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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Keshaba Chandra Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of custody dispute over a child. (Para 2 , 3) |
| 2. arguments regarding issuance of search warrant. (Para 5 , 6 , 7 , 11) |
| 3. analysis of section 97 of cr.p.c. (Para 8 , 10 , 12) |
| 4. conditions for exercising power under section 97 cr.p.c. (Para 9) |
| 5. conclusion and order to remand matter for fresh hearing. (Para 13 , 14) |
ORDER :
1. This matter is taken up through virtual mode.
2. The petitioner questions the correctness of order dated 28.02.2022 passed by learned Sub-Divisional Magistrate, Kuchinda in CMC No. 70 of 2022 whereby a search warrant was directed to be issued to produce before him a child said to be kept under wrongful confinement of the petitioner.
3. The brief facts of the case are that the petitioner is the father of one Diptimayee Sahoo, who had married the opposite party no.2 on 03.03.2019. A female child namely, Dolakanti Sahu was born to the couple on 15.03.2021. Subsequently, the wife of opposite party no.2 suffered from Corona virus and died during treatment on 22.07.2021. The dead body was cremated at Satichoura cremation ground, Cuttack following the COVID guidelines issued by the Government. At that time, when the opposite party no.2 was hol
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