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. IN THE HIGH COURT OF ORISSA, CUTTACK ?

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Original Jurisdiction case
W.P.CRLNo.- \06d of 201 j
IN THE MATTER OF:- <>fr .*./5**">
An application Under Article 226 of the constitution
of India.

And

IN THE MATTER OF:-

An application for issue a Writ in the nature of


"Habeas Corpus" Inaction of F.I.R by
Chandrasekharpur and Lingaraj Police in Connection
with missing or Aswini Kumar Dash.

And

IN THE MATTER OF:-

Jyotirmayee Mohanty aged about 29 years, Daughter


of Krishna Ballav mohanty, At -Qr No-4-B-
8.L.I.C.Colony Maitre Vihar, P.S.-Chandrasekharpur,
BBSR, Dist.-Khurda Petitioner

-Versus-

1) State of Orissa, Represented through it's Secretary,


Home Department, At- Secretariate Building,
Orissa, Bhubaneswar, Dist.- Khurda
2) Director General of Police Orissa ,Cutlnck,At/Posl
liuxibazar Disl.-Cutlaek.
3) Superintendent Of Police Khurda At/Post-
Bhubaneswar, Dist.- Khurda
4) Inspector - in Charge, Chandrasckharpu r
At/Post/P.S.-Chandrasekharpur, BBSR, Dist.
Khurda

5) Inspector - Incharge Lingaraj P.S.P.O- Old town


Bhubaneswar-2 Dist-Khurda
6) Aswini Kumar Dash,son of late Hadi Dash of
Harachndisahi, Puri

Opposite Parties
/ this Hon bie Court inany form whatsoever.,
To,

-:T:r:;r^-:—<
«™°"J -WthesaidHighCour,

The humble petition of the
above named petitioner

07/09/2011 after k! 1 *^ "^ *" datei


thoUyhanFIRT ,k;°:ng the sad — *» «- ^t^
the
r-v, j
Jure V^
ure OI
^ ^^ P**"" -
Hebious Corn,,*" r„ , •
^oipus
<* i-u, . W,„
Inaction of ir i P »„
m
Chandrasekharpur Polire in n y
2-r- -™r= -I- -

4. That, the F.I.R dated 10/09/2n,, , P y'


^™«y ™ung t0 her Z7™ 7 her hu8band
" Maruti-800 car of ' er I s ^ ""^ '° ^ '"™V
required for H 8N°'OR-°2-T-2737 whenever
required for h.B personal work.Then on 106 II h u
he
veh.Ce for some day, Her hust,nd told W ^ ""
go.ng to Cuttack to bring the veniCe and will hanLe *m utT
dot contact by phone nor ln person. Thereafter her fathe wr
•oh,. Office at Samantrapur t„ enquire about him
office was locked qn k iounci the
matter So le
atter.So • "^apprehend
the pettuoner "^ " that"heh"might
ab™< *-b„
detamed/confined somewhere till Hot. -,•
before 11 r rh ,, * aacordingly F.I.R was lodge()
LLC Chandrasekharpur .The copy of F,.R dated 7.QQ ^
/ attached herewith as ANNEXURE-1 and the copy of F,.R before ,, c
Lingaraj P.S is attached as ANNEXIjRE-1 series
5. That though the satd F,.R was received by the Chandrasekharpur
Post TT Stati°n ^'°9'2^ ^ich revels form the
Posta, acknowiedgement/Receipt under.Annexure-1 series', the
^= - as aresult due to mact.on of Police, there is „crioua
mental agony and the fami.y member have been leaving terrible
condttton til, date. Hence the petitioner not finding any alternative
.way submitted a representation on dtd.10.09.11 to the
Superintendent of Police, Khurda. Acopy of the said representation
dated. 10.09.11. is attached here with as Annexure-2
6. That due to the petitioner bemg suffered a,ot both mentally and
^ dUC l° thC SaW ™id-. <» »- -her hand the petiL,,
bemgha PraCt'Cmg *™^ °f B-*aneswar Bar association as we,, „.
member of High Court Bar Assocation severely harassed by „„•
oppostte parties due to non-taking of steps and to investigate the
said matter till today.
7- That it is further humbly submitted that the petitioner will suffer
irreparable loss or injury, which cannot be compensated at any cost
if she wdl not be rescued immediately: Therefore adirection of this
Hon-ble Court is highly essential ^provide legal justice and proper
relief to the petitioner for safeguard under Article 21 of the
constitution of India,

8. That the petitioner has no alternative efficacious remedies than i„


invoke this Hon'ble Court Jurisdiction before this Hon'bie Court.

PRAYER

It is therefore most humbly prayed that your lordships would


graciously be pleased to admit this writ application issue notice In
show cause to the Opposite Parties why not rescuing the missing
Aswini Kumar Dash till today and after hearing the parties issue a
Writ in the nature of "Habeas Corpus" in directing the opposite
parties to take appropriate steps in respect of the F.I.R rescuing the
missing Aswini Kumar Dash with 4ft a stipulated time .If the Opp.
Parties fail to file show-cause or show insufficient cause to make
Writhe said rule and issue a writ in the nature of -HbIk-hb
Party ,rescuing the missing Aswini Kumar Dash with h a stipulated
time.

And further be pleased to pass such other order/orders, direction\


directions deem(s) fit in the interest of the justice.

And For which act of kindness the petitioner is in duty


bound to shall ever pray.

CUTTACK Bv the Petitioner through

Dated. .2011 Advocate

A FFDAVIT

I Smt . Jyotirmayee Mohanty aged about 29 years, Daughter


of Krishna Ballav mohanty, At -Qr No-4-B-8L.I.C.Coloney Maitre Vihar,
P.S.-Chandrasekharpur, BBSR, Dist.-Khurda do hereby solemnly
affirm and state as follows :

1. That I am the petitioner in this Writ Petition .


2. That I am well aquainted with this case.
3. That the facts stated above are true to the best of my personal
knowledge and belief.

Identified by
Deponent" Cj
Advocate.

Certificate

Certified that due to shortage of cartridge papers this writ petition


has been typed in thick White papers and further certified that IIn:
English version of the oriya Annexure will be filed as and when Him
Hon'bie Court requires.

Cuttack

_^ . h Advocate
Date:
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To

The Superintendent of Police Bhubaneswar, Dist-Khurda

Sub-F.i.R regarding missing of my husband SriAswini KumarDash

Sir,

With due respect and humble submission Ihave the honour to inform you the following few IIfks
for favour of your drastic step and sympathetic consideration i.e.,

1. That ISmt. Jyotirmayee mohanty D/O-Sri Krishna Ballav Mohanty am practicising as Advocate in
Orissa High Court and am presently residing with my fatherat his residence bearing Qr.Nn,<1 H
8,LI.C ColonyMaitree Vihar ,C.S.pur,Bhubaneswar.
2. That ,1 got married with Sri Aswini Kumar Dash ,S/0-late Hadi Dash of Harchandisahi, Puri,
who is working as Regional Head of"Sunrise Group' at 963, Samantrapur, Bhubaneswar, whidt i>«*>
duly registered with District Registrar &Marriage Officer, Puri.
3. That after marriage my husband had been visiting frequently to my father's residence and vrry
often takes away his(my father's) Maruti-800 car bearing No.OR-02-T-2737 whenever tit-
required for his personal work .On 1.06.11 lie took the said car forsome days for last time.
4. That on 6.09.11 my husband told me over telephone, that he is going to Cuttack to bring (he
car from the person whom he had given the car.After that he did not make any contact with n„>
by telephone or in person.
5. That on 7.09.11 my father went to his office at Samantrapur toenquire about him. He found
theoffice was closed . So he came back and informed me about it. So Iapprehend that he
might be detained/confined somewhere till date.
6. That-the same day Ilodged F.I.R with Chandrasekharpur Police station about the missing of my
husband with the car.

7. That on dated 8.09.111 also lodged another T.I.R with the I.I.C Lingaraj Police Si.itinn ahmii il„
missing of my husband, since his office comes within the jurisdiction ot l.uifjar.ij I'ohcc M.ilion

Therefore Iappeal before your good office to take necessary steps to find out my
husband at the earliest possible datefor which Ishall be highly obliged.

Yours faithfully
Bhubaneswar
J3r,-H"5-wtMt?fc
J>-mr»*».*M C\oV»jti-\a
3
Date.10.09.11 (JYOTIRMAYEE MOHANTY) ADVOCATE