LAWS(ORI)-2018-1-1

KARTIK CHANDRA DASH Vs. STATE OF ORISSA

Decided On January 02, 2018
Kartik Chandra Dash Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) Bidding adieu to the timeless treasures of childhood memories and intense feeling of adolescence, making promises before the sacred fire with the life partner to laugh, cry and grow with him, a bride puts her first step in her in-laws' house to share unconditional love with all. The sweet dreams and expectation from the new world gives her an amazing thrill with a little bit of uncertainty. Carrying valuable tips received from her father's place and expecting guidance from her senior inlaws, she starts shouldering the responsibility of tomorrow.

(2.) The case was instituted on 08.01.2005 on the basis of the first information report lodged by Kedar Kumar Kar of village Chandpur before the officer in charge, Raghunathpur police station.

(3.) Mr. Debasis Sarangi, learned counsel appearing for the petitioner vehemently contended that even though the unnatural death of the deceased had taken place within two years of marriage but except the ligature mark around the neck, no other external injury was noticed on the person of the deceased which falsifies any physical torture on the deceased soon before her death. It is further contended that without any specific material against the petitioner who is the father-in-law of the deceased, charge sheet has been submitted in a mechanical manner and the learned Magistrate has also not applied his mind while passing the impugned order and continuance of proceeding against the petitioner would amount to abuse of process and therefore, in order to prevent abuse of the process of the Court, it is a fit case to quash the impugned order so far as the petitioner is concerned otherwise it would result in miscarriage of justice.