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2007 DIGILAW 369 (ORI)

Taranisen Pradhan v. State of Orissa

2007-05-16

I.MAHANTY

body2007
ORDER Dt.16.5.2007 : Heard learned counsel for the parties. This writ application has been filed by Taranisen Pradhan complaining that his daughter Dipanjali Gadatia and his grand-son Suvam Jyoti Gadatia, who were last seen with Prasanna Kumar Gadatia, opposite party No.5 on 28.12.2003 and are untraceable till date. The marriage of the petitioner’s daughter-Dipanjali was solemnized with Prasanna Kumar Gadatia on 26.6.2002. Thereaf¬ter, troubles started on the allegation that the daughter of the petitioner was tortured. Ultimately, on 28.12.2003 at about 8.30 A.M. Prasanna left the house of the petitioner along with his wife Dipanjali and his son-Suvam Jyoti to his native place. Thereafter, they are not traceable and as such, an F.I.R. was lodged. Ultimately, a criminal case was initiated against Prasan¬na and as an accused he faced trial under Sections 364, 365, 328, 307, I.P.C. on the allegation that he had abducted Depanjali and her minor son. During trial the petitioner was examined as a witness and deposed against O.P.5. This has ultimately resulted in the conviction of Prasanna under Section 364 I.P.C. and he was found not guilty under Section 365, 328 & 307 I.P.C. Prasanna has been convicted to undergo R.I. for seven years and to pay a fine of Rs.5,000/- in default, R.I. for another six months under Section 364 I.P.C. Learned counsel for the petitioner submitted that the trial was not properly conducted and there is no reason as to why O.P.5 was not convicted under Section 307 I.P.C. Learned counsel for the State submits that in the aforesaid background of the facts, he will take instruction from the appro¬priate authority whether any appeal should be filled by the State or not. If such instruction is given, the State would file an appeal if necessary by filing an application for condonation of delay. In that view of the matter, no further order can be passed in the writ petition. Writ petition is, thus, disposed of. Free copy of this order be given to the learned Govt. Advo¬cate for necessary compliance. Issue urgent certified copy. Petition disposed of.