Refusing to grant any interim relief to former law minister Raghunath Mohanty and his family members allegedly involved in a dowry torture case, Orissa High Court today dismissed the senior BJD leader's writ petition seeking to quash the FIR lodged by his daughter-in-law Barsa Swony Choudhury.
"Since the ingredients of offence under section 498-A and 506 of IPC are made out prima facie against the petitioners, the prayer to quash the proceedings against the petitioners is not maintainable. Hence the writ petition is dismissed," said Justice Raghuvir Dash in his verdict.
The High Court also refused to grant any immunity to the BJD leader and to his family members of any further police action as may be deemed proper in the case.
Seeking interim protection in a miscellaneous petition, Mohanty had urged the High Court to direct the police to refrain from taking any coercive action against him and his family members.
"Since the writ petition from which the miscellaneous case arises having been dismissed, this court is not inclined to give any direction (to the police) not to take any coercive action against the petitioner," the verdict said.
With this direction from the High Court, the police could now arrest Mohanty who went underground after Barsa brought dowry torture complaint against them at Balasore Town police station on March 14.
Mohanty had resigned as minister on March 15.
His son and Barsa's husband Raja Sree had been arrested and sent to jail after prima facie evidence against him was established by the investigating team of the Human Rights Protection Cell (HRPC).
