Bipin Kumar Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.2402 of 2021 Bipin Kumar Patra & another ....

Petitioners Mr.A.Mohanty, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. Sk. Zafarulla, Additional Standing Counsel

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

13.04.2022 02.

1.

Heard Mr. A.Mohanty, learned counsel assisted by Mr.P.A.Dash, learned counsel for the petitioners and Mr.Zafarulla, learned Additional Standing Counsel through video conferencing mode.

2.

According to Mr. Mohanty, the grievance of the petitioners in this case pertains to the tardy manner in which investigation is going on in connection with Athagarh P.S. Case No.276 dated 6.12.2021, registered for commission of offences under Sections 341, 294, 323, 325, 427, 379/34 I.P.C. read with Section 25 & 27 of the Arms Act and Section 3(1)(r), 3(1)(s) and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

Relying upon Sub-Rule 2 of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Mr. Mohanty 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

// 2 // till date. In such background, he prays that a direction be issued to the Superintendent of Police, Cuttack (opposite party no.3) to take appropriate step for completion of investigation within a specific time period.

4.

Mr.Zafarulla 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 Superintendent of Police, Cuttack (opposite party no.3) 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 the order, if there is no other impediment.

6.

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

kishore ( Biswajit Mohanty) Judge