The Court recorded an apology and assurances from the Superintendent of Police regarding investigation delays, directed the SP and SP Angul to file a charge-sheet within one month, and reserved remaining complaints for the court seisin with the case.
Directive to file a charge-sheet within one month; Criminal Miscellaneous Petition disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.467 of 2021
Laxmi Behera ..... Petitioner Mr. Lalitendu Mishra, Advocate - VersusState of Odisha and others. ….. Opposite parties Mr.S.P.Panda,A.G.A.
CORAM: JUSTICE BISWANATH RATH
ORDER 15.07.2021 Order No. This matter is taken up through video conferencing. 02. 2. Superintendent of Police, Rural, Cuttack on his personal appearance in Court begged the apology for the inconvenience created by his subordinates resulting unnecessary adjournments assures this Court not only there is no repetition of the conduct by his subordinates including himself with further assurance to this Court that he will take appropriate action in the event there is any deliberate mischief by the subordinate officers in not responding the call of the learned State counsel thereby not assisting the Court in judicial proceeding. 3. It appears from the pleadings of the parties, the incident involves clearly overrides the jurisdiction of I.I.C., Narasinghpur and some portion of the offences involve the jurisdiction of Angul Superintendent of Police. Taking into consideration that there is some progress in the investigation, but however charge sheet has not been submitted as of now, keeping in view the serious allegations involved, this Court while expecting and hoping for fair investigation involving the matter in the
supervision of Superintendent of Police, Rural, Cuttack and Superintendent of police, Angul all possible attempts should be made to file charge sheet at least within a period of one month hereafter. Rest of the complaint made in this application are the matters can be adjudicated in the court in seisin subject to other allegations of case in the charge sheet and upon filing appropriate protest petition before the court in seisin.
Notice No. 4798 dated 15th April, 2021.
(BISWANATH RATH)
JUDGE
3 issues framed by the court
Whether the State Superintendent of Police debe apologised for subordinates' avoidance and assured cooperation in investigation.
Whether the Court extended time for filing a charge-sheet in a specific-fact criminal investigation.
Whether the remaining complaints were reserved for adjudication in the court of competent original jurisdiction.
Laxmi Behera
State of Odisha
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
