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Judgment
Mr. Roout, learned advocate appears on behalf of petitioner, who is father of the missing minor girl. He submits, earlier the girl was kidnapped by opposite party no.6 and on complaint lodged with the poliice, rescued on 5th April, 2024. The giirl was kept in a shelter and produced before the Judicial Magisttrate First Class (JMFC) on 8th April, 2024. The girl continued to remain in the shelter, fromm where she was kidnapped on 10th April, 2024. Complaint was lodged on 16th April, 2024 and his client is now
before Court.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and hands up his instruction dated 5th Maay, 2024. Amongst others, it is stated in the instruction that date of birth of the missing girl being 29th March, 2006, she was 18 yearrs and 11 days old as on 10th April, 2024, when petitioner alleeged that she was kidnapped.
Perused the instruction. It also says the girll, on having had been earlier rescued, had recorded her statement under section 164 in Code of Criminal Procedure, 1973. On query from Court Mr. Sharma hands up the statement. We have got it copiied and one copy is made over to Mr. Rout.
It appeears from the statement that the girl said she had run away. When she was in the bus stand at Jajpur, the police picked her up. She thus knew her father had loddged complaint. Accordingly, she made her statement. After doing so, she again ran away on 10th April, 2024. The Inspector-in-Chargee (IIC) has relied upon admissiion register of Mahalaxmi High School, Bartanda and Board of Seccondary Education, Odisha Certificate to assert that the girl was born on 29th March, 2006 and as on date of she having run away for the second time, she was major.
We doo not find allegation of petitioner, of his daughter kidnapped as was substantiated by the girl herself on her statement made. In the circumstances, the writ petition cannot be maintained. However, by reason of our interference the police have reported. We keep the report and the statement on record, to dispose of the writ petition.
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