IN THE COURT OF J.M.F.

C-II,
BHUBANESWAR

I CC CASE NO. 3390 OF 2023

Sri Dayanidhi Behera --------------------------------------

COMPLAINANT.
-VERSUS-
Smt. Manasi Behera and others.-------------------ACCUSED PERSONS.

INITIAL AFFIDAVIT FILED BY THE PETITIONER.

I Sri Dayanidhi Behera, Age about 54 years, son of Late

Gourahari Behera, presently residing at Plot No–1501/7402, C/o. Sukanti
Patra, At- Satyabihar, Po- Rasulgarh, PS- Mancheswar, Bhubaneswar-
751010, Dist- Khurda, Odisha and permanent resident of At/po-Katuru-
761009, PS- Golanthara, District- Ganjam, Odisha, do hereby solemnly
affirm and state as follows:-

1. That I am the complainant in this case and I am fully aware

about the the facts and circumstances of the incidents stated in this
complaint and I am competent to swear this affidavit.

2. That I know the accused persons involved in these incidents.

 3. That accused No. 1 is my legally wedded wife. The
accused No-2 to Accused No 10 all are relatives of accused No-1
and they are also my In-laws. I hereby state that the accused
persons have individually and as well as in group have committed
the offenses making plan and conspiracy to sustain damages to
destroy me socially, financially and physically also. Even they are
trying to smash and kill me along with my son Anurag of 19 years
of Age and daughter Akankshya of 16 years of Age to take away all
my money and properties The details of incidents of offenses
committed by Accused persons are described bellow.

4. That As per telephonic informastion of Sri Subhransu

Mahapatra SI of Nayapalli Police station before 8 to 10 days of 13-
03-2023 about complaint of my wife Accused no-1 that I am
threatening her over phone ,So you should come to Nayapalli station
to settle the issea. Then on 13-03-2023 when I came to bhubaneswar
from patna by getting a teliphonic call from Nayapalli police station
at 2.00 PM, I went to nayapalli police station on at 7.30 PM. Sri
Mohapatra SI was out of station I confirmed by calling him over
phone. Sri mohapatra SI came at 8.0PM. SI called to Accused-1,
Sadu, Sali, Sasura, they reached at about 8.15 PM in Police
stattion.Just after they reaching at police statione they scolded me
like any thing. Mahendra Chandra Behera(father-in-law) (65)
accused no - II, ,Manasi Behera(44)w/o-Dayanidhi Behera, accused
no – I ,Rashmi Biswal (Sadu)(43) accused no - IV and Rupasree
Behera(38) , accused no - III, have come to the nayapalli police
station and started abusing complainant in absence of the SI
Subhransu Mahapatra. Accused No-2 scolded to complainant that
“Sala tanka chori kari anuchi” “Magia Chor”. Accused No-IV
Rashmi Biswal – (Rashmi Biswal belongs to higher caste)said to
complainant that “Bhaunigiya”, “Magya keuta”, “tote machha
dhariba jana” “police katha janichu ki?”, “Magya ame athare kana
karibu tu janinu” , “sala Harijan to jibanaku asa nahiki” “Ame kichi
karinu , jebe karibu dekhibu kana heba” “sala Harijana kidnap kari
maridebu”. Owing to Accused no-IV’s higher caste Accused no-IV
undermining complainant’s caste. Accused No-III Rupasree Behera
said “Beiman ama pakhaku na asi ,ama pakhare na rahi sala koithi
rahuchu. Sala darama tanka kana karuchu”, “tote lajya laguni?”.

5. Accused no-1 Manasi Behera said abused to friend of

Complainant Sri Surendra sahu, who was with me at police station at
that time that friend is “Madua”. “Chor”. “Mada pieki gadu thilu”.
“Gaon re kiye pacharu nathile.” All those things were happening
before me and Surendra Sahu. When I came outside of the police
station, accused no-IV came to met with a Bamboo stick in his hand
and started scolding me “Magia, Bhaunigiya, tote Bhubaneswar
mana karila pare bi tu kanhiki asilu ? Tora jibana ku asa nahi ki?
Sala keuta, Harijan, Bhubaneswar re to mansa (meat) miliba nahi
and with these words Accused no-IV he came to me and caught my
shirt colour and given two slaps. Accused No-IV snatched
Rs.20000.00 (Rupees Tenty thaousand) from my pocket and said
Magia tora sabu kichi to wife and pilanku debu ta bhala nahele
dekhibu tora Bhubaneswar re kana karibu. Sala tote maribu.

6. Therefore, I was very much ashamed of when such a public

scene was created by the accused, and I was, thus, tortured by the
accused physically and mentally to a great extent, and since then, the
I apprehends that the accused may cause danger or commit hurt to
me in future also.
 7. That I also made a complaint-application to the Nayapalli
Police Station, with a request to give me necessary help and
protection, which the police did, but FIR has not been registered.

8. That I had filed a FIR before the Nayapalli Police Station,

Bhubaneswar on date 13.03.2023 about occurrence of incident of
offence committed by the accused persons. As case registaration
informatitn status was not received a FIR was submitted by speed
post on date 03.04.2023- to Nayapalli Police Station, But no
response received.

OTHER INCIDENTS- Prior to the above incidents, there are

other several incidents of offenses committed by the accused
persons in different dates as under, in result of which I have faced
different complicated situations like financial loses and Physical
and mental abuses as cruelty has been made against me.

9. That on date 17-07-2020 at about 5.30PM when I had

gone to my native village Katuru, Accused No-8 and 9 came to
complainant and attacked complainant with steal rod on my chest
and threatened to kill with demand that if I don’t give 50% of my
salary to accused no-1 my wife every month and I shall not
transfer allmy property to name of Accused no-1, Accused persons
will kill me. Accused No-8 said to me that you “do what I said, if
want to live or else Accused no-I will kill you”. Accused No-8 and
Accused no-1 have internal understanding and relation to take away
my property. So accused persons are intentionally disturbing and
harassing me mentally. There was an incident that Accused No-8
had shown an audio clip to me and taken Rs.30000.00 by
blackmailing. In case I did not pay Rs.30,000/- to Accused no-8 he
could do more cruelty with me. This was reported to Golanthara PS,
but Police did not take any step against Accused persons.

10. That On date 18-09-2020 Accused No-1 with support of

Rasmi Pattnaik Accused No 11 one of my neighbour at Berhampur,
threatened me at my residence at Flat No.408, Shree Tower,
Barhampur that Accused-1 will see me, saying who will save me
with words (Kie to pithire padiba). It was a practice of Rasmi
pattnaik Accused No 11, to come to my house at the time of my
absence. Accused No-11 has practice of taking money from
Accused no-1 with out my knowledge. Sometimes Accused No-11
purchases goods online, but payment was being made by Accused
no-1. I have requested to Accused no-1 not to keep any relation with
Accused no-11, but Accused No-1 did not hear and secretly
keeping relationship with Accused no-11. On mobile checking I got
the information of talking between Accused no-1 and Accused no-
11, in Mob No.79780 29206 about 78 times more than 1000
minutes on 12.07.22 to 22.11.22 and in Mob No.88954 66606 for
8 times for several minutes from 12.11.22 to
16.11.22.

11. On date 12-10-2020 at about 6.00PM Mahendra Ch.

Behera(Accused no-2), Rashmi Biswal (Accused No-4 ), Jyoti ranjan
Behera(Accused No- 6), Prasanta kumar Behera(Accused no-7) and
Laxmidhar Behera(Accused no-10) rushed in to my rented house at
Shree tower, Flat No.408,Berhampur, when I was not present in the
house and took away all gold ornaments. Other than the golds of
accused no-1, extra 70 gram of gold (which was purchased by me)
they taken away. They also took Rs.100000/-Rupees one lakh cash
with them which was with gold in Almirah . They forcibly took my
Son and Daughter with them along with Accused -no-1.

12. That on 18-01-2021 at about 12.30 PM all accused

persons in group called me personally to residence of Mahendra ch.
Behera Accused -2 at Siripur, Bhubaneswar. Everybody (Accused
No-I to Accused No-VII and accused No-X ) slapped me again and
again and threatened to kill, if I don’t listen their sayings. They
threatened me not to try to take children to village katuru and
forced not to allow relatives into house for the next five years or all
days to come and also ordered to give Rs.5000/- PM to Accused
no-1.

13. That on 31-05-2022 Accused no-1 Manasi Behera, without

any reason, to harass me mentally, dragged me to the Mahila
police station Brahmapur and insulted before the police. Since
November 2017, when I joined at Berhampur office of Food
Corporation of India, I saw that my children are severely harassed.
That children are so much threatened by Accused -1 and her parents
that Children did not come and meet me even inside of my
Residence. Accused no-1 never allow me to be with children
without Accused-1’s presence. Neither I have been allowed to take
children to the market nor or to outside to move. In case children
come to me and sit with me in any day, then children are punished
through beating by Accused No-1.

14. That on July 2022 the I was posted at Patna as Manager

(Accounts) in Food corporation of India, at Divisional office, Digha
Ghat, Patna and stayed at Patna in a rented House at my working
place. I wanted to take Accused no-1(Wife) along with son Anurag
of 19 years completed +2 science Class to undergo further Higher
Study at Patna and Daughter Akanshya 16 years to undergo Class -
8 in English medium School at Patna. But above said accused
persons made individual criminal activities and group criminal
activities and did not allow me to be successful to take my family
to Patna with an intention to keep my family at Bhubaneswar and
taken away my children and all the properties of complainant to
bhubaneswar. That in Group they went to Brahmapur on date
02/08/2022, When I was at Patna they taken away Accused-1 with
Son and Doughter along with all house hold materials of Accused
No-1, with jewellery and furniture and computers to Bubaneswar.
When I asked to take family to Patna, all the accused persons
unitedly attacked me bitten and threatened to allow Accused 1 with
children to stay in a rented house at Bhubaneswar, otherwise they
will kill me. So, I allowed Accused -1 and children to stay at
Bhubaneswar in a rented house at Jaydev bihar.

15. That On date 19.10.22 I came to know that Accused No-1

has transferred money of Rs.10000.00 on 08-06-2022 and
transferred money of Rs. 7000.00 on 22-06-2022 to Account of
Accused No-12 M MANOJ KUMAR RAO.The transaction took
place when Accused no.I was at Berhampur and M Manoj kumar
Rao was at Bhubaneswar. Who is M Manoj kumar Rao Accused
No-12. Accused no-1 had telephonic discussion in Mob No.70086
90328 for 4 times of 31 minutes on 18.08.22 to 02-11-2022 and in
Mob No.70086 90328 for 1 times of 20 minutes with Accused No-
12.
 16. That On date 28-10-2022 at about 12.00 Noon, Accused
No.I Manasi Behera, without any reason, on cruelty to harass me
mentally, dragged me to Mahila police station,At AG
Chhaka/Square, Bhubaneswar and took an undertaking not to talk
with children, to not meet with children and to not give any money
to children. After giving undertaking to the police I came to outside
of police station . At that time Accused No - II, Accused No -VII,
Accused No-IV and Accused No-1 collectively came to me and
started slapping and pushing blows from backside and abusing me
in filthy languages “Sala Bhubanesware re dekha jibuni , Bhaunigiya
Bhubaneswar bhulijibu and pilanku bhulijibu Magiya, Police and
court Bhulijibu”. They abused me in vulgar language and threatened
to kill if I would came to Bhubaneswar. Mr.Rashmi Biswal
Accused no-iv ,who belongs to higher caste, has repeatedly uttered
and undermined me about SC caste. Accused No-iv repeatedly
called me “sala sudra”, HARIJAN and threatened to leave
Bhubaneswar. I was so much frightened that unable to enter
Bhubaneswar for lodging the FIR in the police station.

17. That the facts stated above are true to the best of my
knowledge and belief.

PLACE- BHUBANESWAR
DATE-19.08.2023

IDENTIFIED BY

ADVOCATE DEPONENT