Susila Tiwari v. State of Odisha
Case brief
What is this about?
Petitioner challenged delays in investigating a rape case. Court directed police to complete investigation within 6 weeks of notice.
What did the court decide?
Direction to complete investigation in Crl.P.S. Case No.110 of 2019 within six weeks.
What the court decided
CRLMP No.745 of 2019
04 01.08.2019 Heard Mr. Panda, learned counsel for the petitioner and Mr. Tripathy, learned Additional Government Advocate.
According to Mr. Panda, the grievance of the petitioner in this petition pertains to tardy manner in which investigation is being done in connection with Infocity P.S. Case No.110 of 2019 though the same has been registered for an offence under Section 376 Indian Penal Code along with other provisions of the same Code. In this context, Mr. Panda, draws attention of this Court to Sub-section (1-A) of Section 173 of the Cr.P.C. which makes it clear that the investigation in relation to the offence under Section 376 of I.P.C. shall be completed within specific period from the date on which information was recorded by the I.I.C. of the Police Station. In such background, learned counsel for the petitioner prays that a direction be issued to the I.I.C., Infocity P.S. (opposite party No.5) to complete the investigation within a specific time period.
Mr. Tripathy fairly submits that the investigating authorities are duty bound to act upon as per the above provision of the law.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the opposite party No.5 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.
prasant
With the aforesaid observation and direction, the CRLMP is
Issues for consideration
2 issues framed by the court
Whether the police must complete special offence investigation within 6 weeks under Section 173(1-A) CrPC?
What directions can the Court issue to expedite special offence investigation?
Parties & counsel
- petitioner
Unknown Petitioner
- respondent
Infocity Police Station
Coram
Biswajit Mohanty
Case details
As recorded by the court registry
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