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Judgment
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This writ in the nature of Habeas Corpus has been filed by the petitioners, who are the daughter, sons and daughter-in-laws of one Janaki Behera with the following prayer:
“Therefore, it is prayed that your Lordships would be graciously pleased to admit this petition and after hearing the counsel of both the sides, issue writ/writs in the nature of 'Habeas Corpus" directing the Superintendent of Police, Kalahandi, the opposite party no.2 to cause production of Janaki Behera in person before this Court whose life is in danger now due to lack of medicine, care & treatment of cancer doctor and hand over the said Janaki Behera to the petitioners, who are her son, daughters and daughter-in-laws for taking proper care of said Janaki Behera an old aged lady and cancer patient, who has been wrongfully confined by Basanti Behera, opposite party no.3.”
Since in a case of this nature, the alleged detenue is stated to be aged about seventy years is a necessary party, learned counsel for the petitioners is permitted to add her as opposite party no.4 in Court today.
Taking into account the averments taken in the writ in the nature of Habeas Corpus, the Superintendent of Police, Kalahandi at Bhawanipatna shall depute a responsible lady police officer (above the rank of Sub-Inspector of Police) to record the statement of the alleged detenue at the place of her stay. A Government Medical Officer shall also accompany the police officer during her visit to check the health condition of the alleged detenue and it is to be ascertained during recording of her statement as to whether she is being properly treated by the opposite party no.3 and staying with her own sweet will or not and whether she is interested to stay in the company of the petitioners in preference to the opposite party no.3. The statement of the alleged detenue and her status report as well as the health condition report to be produced on the next date, which is fixed to 23rd June 2023.
Put up this matter on 23rd June 2023 before the assigned Bench.
A free copy of the order be handed over to the learned counsel for the State.
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