Sarbeswar Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1725 of 2022 Sarbeswar Sethi ....

Petitioner Mr. T. Panigrahi, Advocate -versusState of Odisha & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

08.09.2022 01.

1.

On oral prayer, learned counsel for the petitioner is permitted to implead the Deputy Superintendent of Police, Puri as Opposite Party No.5 in this petition in Court today. 2.

Heard learned counsel for the petitioner and Mr. A.K. Nanda, learned Additional Government Advocate. 3.

According to learned counsel for the petitioner, the petitioner is aggrieved by the tardy manner in which investigation is going on in connection with Kumbharpada P.S. Case No. 134 dtd. 15.05.2022 registered for commission of offences under Sections-294/323/506/34 of the I.P.C read with Sections 3(1)(r)/3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4.

Relying upon Sub-Rule-2 of Rule-7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) rules, 1995, learned counsel for the petitioner 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 Deputy Superintendent of Police, Puri (Opposite Party No.5) to take appropriate step for completion of investigation within a specific period. 5.

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.

6.

Considering the submissions made and without expressing any opinion on the merits of the case, this CRLMP is disposed of directing the Deputy Superintendent of Police, Puri (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 six weeks from the date of production of certified copy of this order, if there is no other impediment. 7.

Urgent certified copy of this order be granted as per rule. Balaram (Biswajit Mohanty) Judge