Basudeba Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.542 of 2022 Basudeba Mallik ....

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

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

29.04.2022 02.

1.

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

At the outset on oral prayer, Mr.Ray, learned counsel for the petitioner is permitted to implead Deputy Superintendent of Police, Jajpur as opposite party No.4 in Court today. 3.

According to Mr. Ray, the grievance of the petitioner in this case pertains to the manner in which investigation is going on in connection with Jenapur P.S. Case No.51 dated 23.2.2022, registered for commission of offences under Sections 341, 294, 323, 307, 506/34 I.P.C. read with Section 3(1)(i)(r)(s) 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. Ray submits that the Investigating Officer should have completed the investigation within a period of 60 (sixty) days, but in the present case investigation remains inconclusive till

// 2 // date. In such background, he prays that a direction be issued to the Deputy Superintendent of Police, Jajpur (opposite party no.4) to take appropriate step for completion of investigation within a specific time period.

5.

Mr.Zafarulla 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, Jajpur (opposite party no.4) 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, if there is no other impediment. 7.

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

kishore ( Biswajit Mohanty) Judge