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Orissa High CourtWP(C)/32761/2022disposed off

Barsa Rani Dash v. State Of Odisha

2022-12-19Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32761 OF 2022 Barsa Rani Dash and another ....

Petitioner(s) Mr.M.Chand,Adv.

-versusState of Odisha and ors.

....

Opposite Party(s) Mr.S.P.Panda,AGA

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

19.12.2022 04.

1.

This Writ Petition involves the following prayer:- "Under such circumstances, the Petitioners therefore pray that this Hon'ble Court may kindly be pleased to admit the Writ Application, issue RULE NISI calling upon the Opp. Parties more especially Opp. Party No.2 to 4 to show cause as to why a direction for giving necessary protection with proper security to the life of the Petitioners shall not be passed by this Hon'ble Court.

And upon showing no cause or insufficient cause the RULE be made absolute by allowing the Writ Application with a further suitable direction to the Opp. Party Nos. 2 to 4 to extend all necessary co-operation and protection to the Petitioners to lead them a life of their choice.

And to pass any other order/orders as this Hon'ble Court deems, fit and proper.

And for such act of kindness the Petitioners as in duty bound shall ever pray."

// 2 // 2.

This matter was taken up on 30.11.2022 and again on 01.12.2022, considering a serious allegation, seeking protection herein, involving a conflict in the marriage being obstructed by her family members, learned State counsel was directed to obtain instruction and also on the action taken, if any, on the complaint of the Petitioners. Filing instruction memo dtd 16.12.2022, it has been brought to the notice of the Court that concerned Police Station asked the Parties including the Petitioners to attend their office for discussion on the grievance and also discussion on protection, if any, desired. However, both the Petitioners and the persons alleged to be accused involved in the complaint are denying to appear before the Police Station. For the Petitioners herself denying to cooperate, this Court finds, proceeding may not continue. Hence, the proceeding is dropped. Liberty is however granted to the Petitioners, in the event any, further cause of action may approach this Court. It is made clear that the proceeding dropped only on the basis of instruction memo.

(Biswanath Rath) Judge utkalika