F.

No: OD-118374/2019-2020/JJ

Date: 16/09/2019
 
To,
      
Deputy Commissioner
Balasore
Odisha
756003
 
Subject: Complaint regarding rescuing the minor child from the illegal
custody of his father.
 
Sir,

The National Commission for Protection of Child Rights (NCPCR) has

been constituted under the provisions of the Commissions for Protection of
Child Rights (CPCR) Act, 2005 for protection of child rights and other related
matters. One of the functions assigned to the Commission under Section 13 (1)
(j) of CPCR Act, 2005 is to inquire into complaints and take suo-motu
cognizance in relation to deprivation and violation of child rights.
 
2.        The Commission received the complaint on the above subject matter
(copy enclosed) on 16.09.19. It has been alleged as under:
 
“The child’s father has taken illegal custody of him and he tortures him
mentally from 27.12.15. He has kept him at an unknown place and has given
wrong address in the family court Balasore during his deposition. DCPO stated
in a letter that the child could not be rescued from Kamalakanta Mishra who
has forcibly taken away the child from his mother’s lap. The complaint wants
the child to be recovered first and then kept him at a safe place where she can
see him. An order was passed on 28.05.19 to hand over through police on
04.06.19 and this order was not complied by the father till now.”
 
3.        After perusing the complaint, it has been decided to take cognizance of
the matter and the matter has been referred to you for investigation/inquiry
and further necessary action. A detailed factual report, along with
authenticated copies of the relevant documents to the Commission within 15
days of issue of this letter. The Report should indicate inter-alia the information
on the following:

(i) Details of action that has been initiated against the accused;
 (ii) Copy of FIR registered;
(iii) The mother has not yet met the child.
(iv) Authenticated copies of all the relevant information in the
matter is mandate.

 
  (Pragna Parande)
Member

Encl: as above
DiaryNo: OD-118374/2019-20/JJ

National Commission for Protection of Child Rights

JJ Division

1 Diary No. 118374

2 Date of receipt of the letter/Complaint 16/09/2019
3 Name of the Complainant/ Victim/s, Seema Satpathy
& Address Mendasul (Kalinga Nagar)
PO- Motiganj
Dist. Balasore
Odisha
756003
4 Name of the Victim/s, Krishiraj Mishra/Kartik
(If other than complainant) Mishra
5 State and District of incident Balasore, Odisha
6 Nature of Complaint Illegal custody of the child.
7 Whether the complaint directly addressed to Yes
the Commission: (if not, Source of complaint)
8 Complaint category: Direct/By Reference/ Direct
Intimation/ Suggestion/Suo-moto
9 Signature of complainant on complaint Yes
:Yes/No
10 Summary of the case:
“The child’s father has taken illegal custody of him and he tortures
him mentally from 27.12.15. He has kept him at an unknown place
and has given wrong address in the family court Balasore during his
deposition. DCPO stated in a letter that the child could not be
rescued from Kamalakanta Mishra who has forcibly taken away the
child from his mother’s lap. The complaint wants the child to be
recovered first and then kept him at a safe place where she can see
him. An order was passed on 28.05.19 to hand over through police
on 04.06.19 and this order was not complied by the father till now.”
We may write to the Deputy Commissioner for further appropriate action in
this regard. Draft letter is placed below for approval and signature please.

AnanyaAnkita Dash
Consultant (JJ)

Senior Consultant (Legal/JJ)