Akshay Kumar Malik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.1078 of 2022 Akshay Kumar Malik ....
Petitioner Mr. D.Tripathy, Advocate -versusState of Odisha & others ....
Opp. Parties Mr. D.K.Mohanty, Additional Standing Counsel
CORAM:
JUSTICE BISWAJIT MOHANTY Order No.
ORDER
05.07.2022 01.
1.
Heard Mr. D.Tripathy, learned counsel for the petitioner and Mr.D.K.Mohanty, learned Additional Standing Counsel. 2.
According to Mr. Tripathy, the petitioner is aggrieved by the tardy manner in which investigation is going on in connection with Kendrapara Sadar P.S. Case No.367 dated 25.6.2021 which though initially registered under Section 363 I.P.C. but later on turn to under Sections 363, 376(2)(n),376(3) I.P.C. read with Section 6 of POCSO Act.
3.
In this context, Mr.Tripathy relying on Sub-Section 1-A of Section 173 of the Code of Criminal Procedure, 1973 submits that the authorities are duty bound to complete the investigation in connection with offence under Section 376 IPC within two months from the date of which the information was recorded by the Inspector-in-Charge of the Police Station. In such background, he prays that a direction be issued to the I.I.C., Kendrapara Sadar Police Station (opposite party No.3) to complete the investigation in connection with the above noted case within a specific time period.
// 2 // 4.
Mr.Mohanty, learned Addl. Standing Counsel fairly submits that the Investigating Officer is duty bound to complete the investigation within the time as has been indicated 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 Court directs the I.I.C., Kendrapara Sadar Police Station (opposite party No.3) to complete the investigation in connection with the above noted case in accordance with law within a period of four weeks from the date of production of certified copy of this order if there is no other impediment.
6.
Accordingly, this CRLMP is disposed of.
7.
Urgent certified copy of the order be granted on proper application.
Kishore ( Biswajit Mohanty) Judge