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nimananda-biswal-v-state-of-odisha-08092023-491704.pdf
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🔗 Source: livelaw.in
📊 Size: 364 KB
📄 Pages: 7 pages
⬇️ Downloads: 164

Summary

The High Court of Orissa at Cuttack heard a petition from Nimananda Biswal, whose daughter has been missing since October 12, 2022, and a First Information Report (FIR) was lodged at the Bidanasi Police Station, Cuttack. The petitioner alleged that despite almost a year passing, the authorities have not taken effective steps to trace his daughter. The court noted that this is a case of a missing person, and no material was produced to show that the daughter was illegally detained by anyone. The court cited several precedents from the Supreme Court and High Courts, emphasizing that a petitioner must show a prima facie case of unlawful detention before the court can issue a writ of habeas corpus. The court concluded that the petition is not maintainable as there is no allegation of illegal detention, and missing person cases should be dealt with under regular provisions of the Indian Penal Code and the Code of Criminal Procedure, not through a habeas corpus petition.

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The High Court of Orissa at Cuttack heard a petition from Nimananda Biswal, whose daughter has been missing since October 12, 2022, and a First Information...

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  • File Format: PDF
  • File Size: 364 KB
  • Pages: 7
  • Language: EN
  • Total Downloads: 164
  • Last Updated: 2 weeks ago

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