Buli Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.489 of 2022 Buli Mallik ....

Petitioner Mr.R.Mohanty, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. Sk. Zafarulla, Additional Standing Counsel

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

18.04.2022 01.

1.

Heard Mr. R.Mohanty, learned counsel for the petitioner and Mr.Zafarulla, learned Additional Standing Counsel. 2.

At the outset on oral prayer of Mr.Mohanty, learned counsel for the petitioner, he is permitted to implead Deputy Superintendent of Police, Kendrapara who happens to be the investigating officer as opposite party No.5 in Court today. 3.

According to Mr. Mohanty, the grievance of the petitioner in this case pertains to the tardy manner in which investigation is going on in connection with Pattamundai P.S. Case No.34 dated 23.1.2022, registered for commission of offences under Sections 341, 354, 376 and 511 I.P.C. read with Section 3(1)(r)/3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4.

Relying upon Sub-Rule 2 of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Mr. Mohanty submits that the Investigating Officer i.e. Deputy Superintendent of Police, Kendrapara (opposite party

// 2 // no.5) should have completed the investigation within a period of 60 (sixty) days, but in the present case investigation remains inconclusive till date. In such background, he prays that a direction be issued to opposite party no.5 to take appropriate step for completion of investigation within a specific time period. 5.

Mr.Zafrulla fairly submits that the investigating officer is duty bound to complete the investigation within the time as has been stipulated in the above noted provision but prays for some more time to complete the investigation.

6.

Considering the submissions made and without expressing any opinion on the merits of the case, this CRLMP is disposed of directing the Deputy Superintendent of Police, Kendrapara (opposite party no.5) to take all effective steps to complete the investigation in connection with the above noted case within a period of four weeks from the date of production of certified copy of the order in accordance with law, if there is no other impediment.

7.

Urgent certified copy of the order be granted on proper application.

kishore ( Biswajit Mohanty) Judge