Mamina Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1478 of 2022 Mamina Behera ....

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

11.08.2022 1.

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 the non-completion of investigation in connection with the F.I.R. filed by her styled as Balianta P.S. Case No.385 of 2021 registered for commission of offences under Sections 376(1)/506/34, I.P.C. read with Section 3(1)(r)/3(1)(s)/3(1)u)/3(1)(w)(i)/3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

Relying on Sub-Section (1A) of Section 173, Cr.P.C. and Sub-Rule 2 of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Mr. Dasmohapatra 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

// 2 // direction be issued to the Investigating Officer- cum-A.C.P., Zone-IV, Laxmisagar Police Station, Bhubaneswar Urban Police District (opposite party No.5) to take appropriate step for completion of investigation within a specific time period. 4.

Mr. Nanda fairly submits that the investigating officer is duty bound to complete the investigation within the time as has been stipulated in the above noted provisions 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.5 to make all endeavour to complete the investigation in connection with the above noted case in accordance with law within a period of six weeks from the date of production of certified copy of this order, if there is no other impediment.

6.

Issue urgent certified copy of this order on proper application.

amit (Biswajit Mohanty) Judge