Rajkishore Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1085 of 2022 Rajkishore Biswal ....

Petitioner Mr. H.N. Mohapatra, Advocate.

-versusState of Odisha & others ....

Opp. Parties Mr. D. Mund, Additional Government Advocate.

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

23.12.2022 7.

Order No.

1.

This matter is taken up through Hybrid Arrangement. 2.

Mr. R.N. Rout, learned counsel enters appearance on behalf of the interveners by filing Vakalatnama in Court today. The same be kept on record.

3.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the interveners. 4.

In this CRLMP, the petitioner challenges the soaring investigation conducted by the Investigating Officer in converting the case of murder of son of the petitioner to the case of abatement to suicide under Section 306, I.P.C. and more particularly, after two days of registration of the F.I.R. registered under Section 302, I.P.C. though there has been a sufficient evidence in this case, which makes it an offence

// 2 // under Section 302, I.P.C. Hence, the petitioner smashes an apprehension that there has been some foul play during the process of investigation, which suddenly converted the case from Section 302, I.P.C. to Section 306, I.P.C. The petitioner is the eye-witness in the present case and his eye witness version has not been considered in proper prospective. The prosecution has not done its duty in proper prospective. 5.

In such view of the matter, the Director General of Police, Crime Branch is directed to form a team of his subordinate officers, who shall look into the matter afresh and complete the investigation within three months from today.

6.

The CRLMP is accordingly disposed of.

7.

Issue urgent certified copy of this order on proper application.

amit (Dr. S.K. Panigrahi) Judge