Rabi Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1429 of 2022 Rabi Nayak ....

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

Opp. Parties Mr. A.K.Nanda, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

08.08.2022 01.

1.

Heard Mr.S.Dasmohapatra, learned counsel for the petitioner and Mr. A.K.Nanda, learned Additional Government Advocate.

2.

According to Mr.Dasmohapatra, the petitioner is aggrieved by non-conclusion of investigation in connection with Capital P.S. Case No.279 of 2022 registered for commission of offences under Sections 363, 312, 376, 302, 201, 294, 506, 120-B of the I.P.C. read with Section 5 of Medical Termination of Pregnancy Act, 1971.

3.

Mr. Panda relying on Sub-Section 1-A of Section 173 of the Code of Criminal Procedure, 1973 submits that the investigation under Section 376 I.P.C. should have been completed within two months from the date of registration of the F.I.R. In such background, he prays that a direction be issued to the I.I.C., Capital Police Station (opposite party No.4) to complete the investigation in connection with the above noted case within a specific time period.

4.

Mr.Nanda fairly submits that the Investigating Officer is

// 2 // duty bound to complete the investigation within the time as has been indicated in the above noted provision but prays for some more time.

5.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the I.I.C., Capital Police Station (opposite party No.4) to complete the investigation in connection with the above noted case within a period of six weeks from the date of production of certified copy of this order in accordance with law 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