Dasa Nayak v. The Commissioner-Cum-Secretary

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1256 of 2022 Dasa Nayak ....

Petitioner Ms. B. Mohanty, Advocate -versusThe Commissioner-cumSecretary to Govt. & others ....

Opp. Parties Mr. D.K. Mohanty, Additional Standing Counsel

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

27.07.2022 01.

1.

Heard Ms. B. Mohanty, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 2.

According to Ms. Mohanty, the petitioner, who happens to be the informant is aggrieved by the manner in which investigation is going on in connection with Kotagarh P.S. Case No.20 dated 09.02.2022 registered for commission of offences under Sections 363/343/366/376-DA/506/34 I.P.C. read with Section 6(1) of the Protection of Children from Sexual Offence Act, 2012.

3.

Drawing attention of this Court to Sub-Section 1-A of Section 173 Cr.P.C., Ms. Mohanty submits that the investigation in relation to the offence under Section 376-DA I.P.C., should have been completed within two months from the date on which information was recorded by the I.I.C., of the Police Station. In such background, she prays that a direction be issued to the I.I.C., Kotagarh P.S. (opposite party No.3) to complete the

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

4.

Mr. Mohanty 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 CRLMP is disposed of directing the 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.

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

Prasant ( Biswajit Mohanty) Judge