RAJENDRA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petition was moved on 11/2/2022. Mr. Sahoo, learned advocate appears on behalf of petitioner and had submitted, father of his client died in custody. Relief of compensation had been prayed for. On behalf of State, directions were obtained for filing counter. It was to be filed by 14/3/2022. Instead, extension of time was prayed for on 23/3/2022 on submission that there were efforts to move the authorities for issuance of viscera report and final opinion on cause of death. In the circumstances, further extension to file counter was granted.

(2.) On 12/7/2022, on behalf of State it was submitted that counter had been filed and there is reference therein to inquiry under sub-sec. (1-A) in sec. 176 of Code of Criminal Procedure, 1973 by Magistrate, as is pending. There was record in order made that day that the counter does not disclose police report under sec. 174. State was required to answer as to how finding in the Magisterial inquiry would be relevant as contention in defence against the claim for compensation.

(3.) Today Mr. Das, learned advocate, Additional Government Advocate appears on behalf of State and submits, a memo has been filed disclosing in it, inter alia, judgment dtd. 19/4/2022 made by the First Division Bench of this Court in W.P.(C) no.33492 of 2011 (Smt. Bishnupriya Pattnaik and another vs. State of Orissa and others). Also disclosed is, referred to in the judgment, Record dtd. 4/9/2020 of proceeding in National Human Rights Commission (NHRC), New-Delhi, on interpretation of sec. 176(1-A).