The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP NO. 498 OF 2019 Kamal Kumar Behera …. Petitioner Mr.Debi Prasad Dhal, Adv. State of Odisha & Ors. …. -versus-
Legal Reasoning
Opposite Parties Mr.G.R.Mohapatra, ASC Mr.S.Mohapatra,Adv. (for Intervenor) CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
Order No. ORDER 16.02.2023 05 I.A. No.345 of 2019 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the intervenor –petitioner. 3. This is an Intervention Application for impleadment of accused as opposite party in the CRLMP and participate in the hearing for early disposal of the petition thereby enabling the Courts to proceed with the case for its early disposal of the bail application as well as trial of the case as stay has been granted in the I.A. Page 1 of 6 // 2 // No.102 of 2019 filed by the petitioner in CRLMP No. 498 of 2019. 4. Considering the averments made in the Intervenor Application and facts and circumstances of the case, the Intervenor Application is allowed. 5. The I.A is disposed of. 6. However, the order of stay passed on 28.06.2019 by this Court in I.A. No.102 of 2019 is hereby vacated. Further, the Intervenor-petitioner is at liberty to approach the court for fresh bail as the petitioner is languishing in jail custody for more than five years i.e. since 20.01.2018. CRLMP NO. 498 OF 2019 7. By way of this petition, the petitioner seeks transfer of investigation of Jagatpur P.S. Case No.03 of 2018 from Inspector-In-Charge, Jagatpur Police station to the additional Director General (Crime Branch) opposite party No.3 for impartial investigation of the case. 8. The grievance of the petitioner is that the instructions given by the Additional D.C.P., UPD, Cuttack in his supervision report to the opposite party No.5/ Inspector- In-Charge, Jagatpur Police station in relation to Jagatpur P.S. Case No.03 of 2018 have not been complied yet. Page 2 of 6 // 3 // 9. Learned counsel for the petitioner drew the attention of the Court to the following instructions which are given below: 1. He will prepare clear spot map. 2. He will find out any other chance witnesses to the occurrence. 3. He will examine Ankita Mohapatra and record her statement with regard to any relationship with Sambit or not. 4. He will examine the shop keeper from which shop the accused purchased the Katuri on the evening day of occurrence. 5. He will examine the relative of the deceased Nirjhar who have attended his ring ceremony and ascertain from them about the attendance of accused Sambit in that ceremony. 6. He will send the weapon of offence i.e. Katuri and laterite stone to FMT, SCB MCH, Cuttack and make a query to the M.O. (who conducted P.M examination) whether the injuries detected in the person of the deceased can be caused by the above weapons or not. 7. He will send the weapon of offence as well as the physical evidence collected/seized from the spot to SFSL for C.E. and opinion. 8. He will send a requisition to the service provider of mobile phone to know the owner of the mobile phone number which the accused used to call the deceased on the date of occurrence. 9. He will verify the activities of accused Sambit at his native village as well as his working place. Page 3 of 6 // 4 // in between 10. He will examine some other witnesses who were present on the day of “Ring Ceremony” as well as the presence of accused Sambit on that day or not. 11. He will collect the CDR of the mobile number of Ankita Mohapatra to prove the love relationship in between Ankita and accused Sambit Senapati by their phone making comparison numbers? 12. He will collect the CDR of the mobile phone number of Ankita Mohapatra to prove the love relationship in between Ankita and accused Sambit Senapati by making comparison in between their phone numbers? 13. He will examine the family members of the law of accused Sambit at Cuttack father-in- Deulashi and ascertain how many times the accused Sambit visited to Cuttack after “Ring Ceremony” to Ankita Mohapatra with Nirjhar. 14. He will examine the wife of accused Sambit Senapati to ascertain any love affairs of her husband with Ankita Mohapatra. 16. He will examine the neighbours of Manuel Mohapatra who might have seen the presence of Sambit Senapati prior to the occurrence, if any. 17. He will verify the involvement of Ankita Mohapatra in his case, if any, and also ascertain whether she had instigated the accused Sambit to commit this offence or not. 18. He will verify and collect any extra judicial confession made by accused Sambit Senapati to anybody after or before the occurrence if any. 19. He will ascertain whether accused Sambit expressed before anybody to give fatal blow to Nirjhar prior to the occurrence if any. Page 4 of 6 // 5 // 20. He will send the exhibits to the SFSL., Rasulgarh for C.E. and opinion. 21. He will verify the C/A of the accused persons. 22. He will submit up to date C.Ds. 10. It is further submitted that in the supervision report, instructions to the investigating Officer vide Sl. Nos. 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 17 and 19 have not been complied with by the Investigating Officer which clearly shows that the Investigating Officer, is gained over by the accused person only to weaken the prosecution case. It is further submitted that the persons like Santanu Pani and Manoranjan das though volunteered themselves to be examined in connection the case, they have deliberately been ignored by the Investigating Officer. Additionally, real culprit has been left out from the investigation. Hence, the petitioner has been constrained to approach this Court with the prayer captioned above. 11. Considering the facts and submissions made, the prayer for transfer of investigation of Jagatpur P.S Case No.03 of 2018 from the Inspector-In-Charge, Jagatpur P.S. to the Additional Director General of Police (Crime Branch), Odisha, Cuttack is allowed. Page 5 of 6 // 6 // 12. Accordingly, the necessary steps be taken to transfer the investigation of Jagatpur P.S Case No.03 of 2018 to the Additional Director General of Police (Crime Branch), Odisha, Cuttack for perfunctory/impartial investigation within period of seven days from the date of receipt of certified copy of this order. 13. With the aforesaid observation, the CRLMP is disposed of. 14. Issue urgent certified copy of the order as per Rules. Judge (Dr. S.K. Panigrahi) LB Page 6 of 6