The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.1245 of 2018 Kusumalata Sahu … Petitioner Mr.P.Behera , Advocate State of Odisha & others … Opposite Parties -versus- Mr.K.K.Gaya, ASC Mr.M.K.Mishra, Advocate for (OP6) CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 05.09.2024 Order No. 23. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2.
Legal Reasoning
After having considered the rival submissions upon perusal of the record, it appears that the husband of the petitioner is admittedly found missing and accordingly, Markatnagar PS MMR No. 12 of 2018 has been registered. It is found from the affidavit of OP No.5 that they have taken sincere steps to locate the missing person by intimating all the Police Stations of the State as well as publishing an advertisement of the missing person in the local daily, but their efforts, however, remained in vain. Further, the petitioner has approached this Court for a direction to opposite parties to find out her Page 5 of 7 husband, but in her application, the petitioner has not whispered a single name of the person who had accompanied with the missing person on the date of their eye checkup. However, on being asked by this Court, the son of the petitioner has filed an affidavit stating the name of only four persons, out of which the address of fourth one has not been given. It is, however, forthcoming from the affidavit filed by OP No.6 that the missing person and 18 other persons being accompanied by one Rajalaxmi Patra, the member of voluntary organization “Utsharga” had come to JPM Rotary Eye Hospital, Cuttack for eye checkup, but only the missing person did not return to his house. In this circumstance, it is not forthcoming as to whether the said 18 persons and Rajalaxmi Patra had been asked by the family members of the petitioner as to how Babaji Sahoo went missing. This is definitely a small factor, but it is an important one, and neither the petitioner nor the OPs. throw any light in that regard. The only conclusion arrived at by OP No.5 is that despite sincere efforts, the missing person could not be located. However, the petitioner has not attributed any suspicious circumstance or foul play to anyone in this matter and they only alleged negligence by OP Nos. 4 to 6, but this Court also finds the family members of the petitioner to be negligent in ascertaining from the said 18 persons and the Page 6 of 7 caretaker Rajalaxmi Patra as to how missing person Babaji Sahoo went on missing. 10. In the facts and circumstance of the case, since it is intimated by way of an affidavit on behalf of OP No.5 despite sincere efforts, the missing person could not be located out, this Court does not find any negligence on the part of the Police to issue any direction to it. 11.
Arguments
Heard Mr.P.Behera, learned counsel for the petitioner, Mr.K.K.Gaya, learned ASC and Mr.Malaya Kumar Mishra, learned counsel for OP No.6 and perused the record. 3. The prayer of the petitioner is for a direction to opposite party to produce her missing husband within a stipulated period after taking serious action against the culprits who are responsible for such missing. 4. The short facts involved in this case are that on 25.09.2018 the husband of the petitioner and some other patients of village Laxminarayanpur under Derabis Police Station of Kendrapada district had come to JPM Rotary Eye Hospital, Cuttack for treatment, but unfortunately the husband of the Page 1 of 7 petitioner did not return back to his house, whereas others returned to the village after getting treatment at Cuttack. Thus, the family members of the petitioner searched for the husband of the petitioner at Rotary Eye Hospital, Cuttack, but did not found him there and no satisfactory reply was given by the authority of Eye Hospital regarding missing of the husband of the petitioner after treatment. Finding no alternative, the son of the missing person reported the matter before the IIC, Markat Nagar PS on 26.09.2018 which was duly received and a Man Missing Report was registered vide MMR No. 12 dated 26.09.2018 and the missing of the said person was enquired into, but the missing person could not be traced out. Further, the petitioner also reported the matter before OP No.5, the IIC, Derabis PS on 28.09.2018, but it yielded no result. On the aforesaid backdrop, the present CRLMP has been filed. 5. In response to the averments made in the CRLMP, OP No.5 filed an affidavit stating therein that on the report of the petitioner about missing of her husband, Derabis PS SD Entry No. 20 dated 28.09.2018 was entered. Similarly, OP No.6, the Superintendent of Rotary Eye Hospital CDA, Cuttack filed a separate counter affidavit stating inter alia that Babaji Sahhoo(missing person) along with other persons who were detected with cataract, in total 19 persons-patients had been transported to the hospital Page 2 of 7 on 23.09.2018 evening in the vehicle arranged by organization namely “Utsharga” for cataract operation and they were being accompanied by one of the members of such voluntary organization namely, Rajalaxmi Patra and all the patients were accommodated in the camp ward of the hospital along with other patients and on the next day, on 24.09.2018 when the patients were called for final checkup for operation, it was noticed that 18 out of 19 persons brought from Derabis were available, but one patient namely, Babaji Sahoo(missing person) was not in the ward and the representative of the organization “Utsharga” namely Rajalaxmi Patra replied that the missing person might have gone to his village out of fear of being operated and accordingly, on 25.09.2018 all the 18 operated patients left in the bus arranged by the organization along with one camp organizer of JPM Rotary Eye Hospital to check whether the missing person Babaji Sahoo has reached home or not, but the camp organizer returned back and informed in the hospital that the said Babaji Sahoo has not reached home nor has he gone to his relatives house. It is also stated by OP No.6 in the counter affidavit that since the missing person could not be traced out on 26.09.2018, an FIR was lodged in Markat Nagar Police Station from the hospital about missing of the patient, but they only came to know about the MMR No. 12 of 2018 for Page 3 of 7 search operation of the missing person by the police official of Markat Nagar Police Station. Further, OP No.4 also filed affidavit stating interalia the registration of MMR No. 12 dated 26.09.2018 and taking sincere steps for finding out the missing person. It is also stated in the affidavit that OP No.4 had also taken help of the Newspaper by publishing an advertisement with regard to missing of the Babaji Sahoo as well as visiting and enquiring from JPM Eye Hospital, Cuttack, so also from the different Old Age Home of nearby Cuttack area. In such affidavit OP No.4 further stated that it had contacted all other Police Stations of the State for search of said missing person, but could not trace him out. 6. In the course of hearing, Mr.Behera attributes negligence on the part of OP Nos. 4 & 6 and held them responsible for missing of the husband of the petitioner. He further submits that on the intervention of this Court, the police only swung into action in the year 2022 and, therefore, the police be guilty of negligence must be saddled with cost for paying compensation to the petitioner for not being able to tract out her missing husband. 7. On the other hand, Mr.K.K.Gaya, learned ASC by narrating the steps taken by investigating agency in the course of enquiry of the missing of husband of the petitioner submits that there was/is no latches on Page 4 of 7 the part of OP NO.4 or 5, but despite sincere efforts taken by police authority, the missing person could not be traced out and, therefore, OP Nos. 4 & 5 cannot be held responsible for any latches. Mr.Gaya, however, prays to dispose of the CRLMP as despite sincere efforts of the police, the missing person could not be traced out. 8. On the other hand, Mr.Malaya Kumar Mishra, learned counsel appearing for OP No.6 submits that the hospital authority has nothing to do with the missing of Babaji Sahoo and they have also taken sincere care in the matter by informing Markat Nagar Police Station, who is already on action for search of the missing person and OP No.6 is not at all liable for missing of the husband of the petitioner. He accordingly prays to dismiss the CRLMP. 9.
Decision
Hence, the CRLMP stands disposed of and OP Nos. 4 & 5 are hereby directed to proceed sincerely in the matter and take concrete steps to locate the missing person. (G. Satapathy) Judge kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 06-Sep-2024 10:45:24 Page 7 of 7