The Criminal Leave to Move Petition seeking investigation by an independent agency was disposed of as nothing remained to be adjudicated after the Superintendent of Police filed an affidavit confirming disciplinary action against the erring officer for laxity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRLMP No. 814 OF 2020
Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
“A bare reading of the above would clearly indicate that the I.O. had committed lapses, for which explanation was called for from him and the S.D.P.O., Jagatsinghpur after causing enquiry, submitted report on 08.08.2020 holding that the Inspector-Sarbeswar Behera, IIC, Balikuda P.S./I.O. of the case, is responsible for not submitting charge sheet against accused within stipulated time.
In view of such position, what action has been taken by the S.P., Jagatsinghpur against the erring official that has not been reflected in the affidavit itself. Therefore, the S.P., Jagatsinghpur is called upon to file an affidavit indicating the action taken against the said erring official for whose laxity accused is moving freely.
2
Needless to say, this Court takes a serious view on the conduct of the I.O. and now it is to be seen what action the authorities are going to take against such an 4 erring official, so that it will be an example for other officials those who are not discharging their duty in conformity with the provisions of law. An affidavit shall be filed by the S.P., Jagtsinghpur within a week
Call this matter on 9th September, 2020, on which date the IIC, Balikuda Police Station shall remain present.”
Subsequently, this Court vide order dated 24.09.2020 directed the Superintendent of Police, Jagatsinghpur-opposite party no. 2 to file an affidavit stating the action taken against Shri Sarbeswar Behera, I.I.C., Balikuda P.S. Pursuant to the direction of this Court dated 24.09.2020, the Superintendent of Police, Jagatsinghpur filed an affidavit stating as follows:
“That, on receipt of Letter No. 31415/Pers-I dtd. 29.09.2020 from the State Police Hdqrs, Odisha, Cuttack with reference to this office letter No. 8146/E dtd. 31.08.2020 with Order Sheet, Charge and Memo of Evidence against Inspector Sarbeswar Behera, Jagatsinghpur District Proceeding No. 11 dated 29.09.2020 has been initiated. A copy of acknowledge letter No. 9030/E dtd. 29.09.2020 along with its enclosure is enclosed as AnnexureII.”
In that view of the matter, this Court is of the considered view that nothing remains to be adjudicated further in this CRLMP. However, the petitioner, if so advised, may approach the competent court for
3
redressal of his grievances with regard to improper investigation as well as submission of charge-sheet.
Personal appearance of Shri Sarbeswar Behera, I.I.C., Balikuda P.S. is dispensed with.
With the aforesaid observation, the CRLMP is disposed of.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
.................................
K.R. Mohapatra, J.
bks
1 issue framed by the court
Whether the CRLMP requiring action against the erring investigating officer for lapse in charge-sheet submission still required adjudication after the SP filed an affidavit regarding initiated proceed
The Petitioner
The State-opposite parties
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
