PRABINA KUMARI MOHURIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Dash, learned advocate appears on behalf of petitioners. They are parents of the deceased. He submits, death was in custody. Odisha Human Rights Commission found negligence on part of the police officer. Its report dtd. 7/9/2021 was impugned in W.P.(C) no.33429 of 2021, (Tapan Narayan Rath and another v. State of Odisha and others) dismissed by this Bench by order dtd. 29/10/2021. Mr. Dash hands up order dtd. 11/11/2021 of the first Division Bench, dismissing appeal preferred therefrom.

(2.) He submits, pursuant thereto FIR dtd. 12/11/2021 was registered under Sec. 342/323/325/302/506/34 IPC against accused persons. However, State has filed counter through a person, who is at present Sub-divisional Police Officer, Laxmipur, district Koraput. He has no knowledge about the case. In the circumstances, two applications have been made by his client. First is with prayer for direction upon State to file a properly constituted counter with up to date events on basis of said FIR and second for addition of Additional DG of Police, Crime Branch, Buxibazar, Cuttack.

(3.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, counter has been filed. Petitioners may file rejoinder.