Kuma Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 1539 OF 2022 Kuma Samal .........

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

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

CORAM:

JUSTICE BISWAJIT MOHANTY

ORDER

24.08.2022 Order No.

01.

1.

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

2.

According to Mr. S. Dasmohapatra, the petitioner is aggrieved by the tardy manner in which investigation is going on in connection with Khandagiri P.S. Case No. 13 of 2021 dtd. 05.01.2021 registered for commission of offences under Sections341/323/294/420/354/506 of the I.P.C read with Sections 3(1)(r)/3(1)(s)/3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1979.

3.

Relying upon 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 direction be issued to the Assistant Commissioner of Police, Bhubaneswar (Opposite Party No.5) to take

appropriate step for completion of investigation within a specific 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 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 this order be granted as per rule. ( Biswajit Mohanty ) Judge Balaram