S.S. Mishra, J. 1.

The petitioner Pratima Bisoyi @ Bishoi was the informant in Bamunigaon P.S. Case No.121 of 2023 for the offence under Section-

363 IPC. On 17.09.2023, she had lodged a complaint, inter alia, stating as under:-

“On 15.09.2023 at about 11.00 AM, she had gone to jungle to collect fire wood, leaving her daughter namely Suity Bishoi aged about 14 years in her house. At about 4.00 PM she returned to house and saw that her daughter Suity was not in her house. She asked to the villagers about her daughter, but they denied. She searched for her daughter in nearby villages, but could not find out any clue. Her husband has been staying since one year outside of Odisha. Her daughter has not taken any mobile. She searched for two days to her daughter and today reported the matter at PS for taking necessary legal action.”

2. On the basis of the aforementioned complaint, the F.I.R. was lodged against the unknown persons. The police took up the investigation and recorded the statement of the witnesses under Section 161 Cr.P.C. The present petitioner also got her statement recorded under Section 161 Cr.P.C. In her improvised version, she has further added that one Dillip Patra of the village has been claiming to be in love relationship with her daughter and approached her with a marriage proposal. Since Dillip Patra belongs to a different caste, she straightaway declined his proposal. She further stated that Dillip Patra, in order to marry her daughter, has kidnapped her minor daughter. The police also recorded the statement of many villagers under Section 161 Cr.P.C. All of them stated that Dillip Patra has been telling them that he is in love relationship with Sweety Bishoi (victim) and he intended to marry her. 3. After 14 days, the victim girl was recovered by the police. The police claimed that she was coming back to the house and in her way she was apprehended. 4. On 29.09.2023, the statement of the victim Sweety Bishoi was recorded under Section 161 Cr.P.C. In her statement, she has stated that she has been constantly beaten by her mother on false pretext, therefore, she was upset. On the fateful day, when her mother went to collect wood from the jungle, she had escaped from the house. Out of anger, she went to her friend, Laxmi Patra’s house and she stayed there for 14 days. When Laxmi Patra came to know regarding registration of the case by the mother of the victim girl, she asked the victim girl to go back to her house. While she was returning, on the way, the police apprehended her. She specifically stated that nobody had kidnapped her and she has no love relationship with anyone. 5. On the same day, her statement under Section-164 Cr.P.C. was also recorded by the learned Magistrate. In her statement under Section 164 Cr.P.C., she has stated, inter alia, as follows:- <br/>

“ On 15.09.2023, my mother scolded and beat me saying that I am not reading and not going to School. Then my mother went to the jungle to collect wood. At about 1 PM, by informing my grand-mother, I went to the house of my friend Laxmi Patra.

Laxmi Patra came to know that my mother has lodged a case that I am missing. So, she told me to go way from her house. So, today morning while I came out from her house, police apprehended me and took me to the Police Station. Nobody has kidnapped me nor had I gone with anybody. I have no relation with any boy.”

6. On the basis of the aforementioned materials collected by the police, the charge sheet was filed on 26.11.2023. Dillip Patra was made the sole accused in the case for allegedly having committed the offences under Sections-363/366 IPC. 7. Learned Court below took cognizance of the offences vide its order dated 02.12.2023. Subsequently, the charges were framed by the learned Court below under Sections 363/366 IPC against the accused. 8. The petitioner is aggrieved. Her grievance is that de