Pruthvi Raj Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1245 of 2022 Pruthvi Raj Behera ....

Petitioner Mr. S. Mishra, Advocate -versusState of Odisha & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

27.07.2022 01.

1.

Heard Mr. Mishra, learned counsel for the petitioner and Mr. Nayak, learned Additional Government Advocate. 2.

According to Mr. Mishra, the petitioner is aggrieved by the tardy manner in which investigation is going on in connection with Bharatpur P.S. Case No.88 dated 09.03.2021 registered for commission of offences under Sections 341/323/ 294/354/506/34 I.P.C. read with Sections 25/27 of Arms Actm, 1959 and Sections 3(1)(r)/3(1)(s)/3(1)(w)(i) 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. Mishra 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 Assistant Commissioner of Police, Bhubaneswar (opposite party no.5) to take appropriate step for completion of

// 2 // investigation within a specific time period.

4.

Mr. Nayak 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 Assistant Commissioner of Police, Bhubaneswar (opposite party no.5) to take all effective steps 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.

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

Prasant ( Biswajit Mohanty) Judge