Ajay Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.770 of 2022 Ajay Malik ....

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

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

18.05.2022 01.

1.

Heard Mr. Mahato, learned counsel for the petitioner and Mr.Zafrulla, learned Additional Standing Counsel. 2.

According to Mr. Mahato, the grievance of the petitioner in this case pertains to the tardy manner in which investigation is going on in connection with Banki P.S. Case No.292 dated 16.10.2021, registered for commission of offences under Sections 147, 148, 294, 341, 325, 326, 427, 307, 506/149 I.P.C. read with Section 3(2)(va)/3(1)(r)/3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.

Relying upon Sub-Rule 2 of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Mr. Mahato 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 date. In such background, he prays that a direction be issued to the Superintendent of Police, Cuttack (opposite party no.2) to take appropriate step for completion of investigation

// 2 // within a specific time period.

4.

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.

5.

Considering the submissions made and without expressing any opinion on the merits of the case, this CRLMP is disposed of directing the Superintendent of Police, Cuttack (opposite party no.2) to see to it that the I.O. takes 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.

6.

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

kishore ( Biswajit Mohanty) Judge