BIPIN BIHARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Bipin Bihari Das has filed this application under S. 482, Criminal Procedure Code against the State of Orissa, the Sub-divisional Judicial Magistrate, Koraput and the Officer-in-charge, Town Police Station, Koraput with the prayer to quash the proceeding in C.R. Case No. 590 of 1989 pending before the S.D.J.M., Koraput. The sole ground on which quashing of the proceeding is sought is delay on the part of the police in completing the investigation.

(2.) The relevant facts stated in the application may be stated thus : The petitioner is an advocate practising at Koraput. He is the Secretary of a voluntary registered organisation known as "Naya Sahayak Samiti" through which legal aid and advice has been rendered to litigants belonging to weaker Section of society; certain developmental activities have been undertaken to improve the lot of people belonging to scheduled caste and scheduled tribe communities, a tribal model school is managed by the Samiti. By letter dated 3-10-89 (Annexure 4) of the District Small Savings Officer, Koraput to the Officer-in-charge, Koraput Town Police Station a complaint was made that huge amount of money had been swindled by certain persons noted in the statement enclosed to the letter from the tribal people while withdrawing amounts from post office. It was further stated in the said letter that the Government had granted compensation to the tribal people whose lands and houses were submerged in the reservoir of upper kolab project; the amounts sanctioned were deposited in savings bank accounts in Koraput Head Post Office in the names of beneficiaries and the pass books were handed over to them; when the beneficiaries tried to withdraw the amounts from their accounts the persons named in the letter in collusion with employees of the postal department and others illegally collected huge amounts and thereby the illiterate tribals (beneficiaries) were cheated and exploited. The names of the beneficiaries who were cheated were also noted in the statement enclosed to the letter along with dates of alleged incident. It is the case of the petitioner that though more than two years have elapsed since receipt of the letter by the police and investigation has been made no final form has yet been submitted under S. 173, Criminal Procedure Code. It is the further case of the petitioner that similar allegations had been made earlier by the District Small Savings Officer, Koraput vide his letter dated 6-9-86 to the Officer-in-charge, Sadar Police Station, Koraput (Annexure 1), by the Collector, Koraput vide his letter dated 8-9-86 to the Superintendent of Police, Koraput (Annexure 2) and the District Small Savings Officer, Koraput vide his letter dated 1-10-86 to the Officer-in-charge, Town Police Station, Koraput (Annexure 3). On enquiry by the police the allegations were found to be false. The petitioner contends that due to the allegations made by the officials of the District administration and other public officers, Naya Sahayak Samiti is being deprived of financial assistance from the Government which is evident from the letter dated 17-6-86 of the Addl. District Magistrate, Koraput to the Commissioner-cum-Secretary, Harijan and Tribal Welfare Department, Bhubaneswar (Annexure 5) and the letter dated 29-2-88 of the Commissioner-cum-Secretary to Government in Harijan and Tribal Welfare Department to the Collector, Koraput vide Annexure 6. On the above averments/contentions the petitioner seeks to quash the F.I.R. the investigation and the criminal proceeding.

(3.) The sole contention raised by Shri Behera, learned counsel for the petitioner was that S. 173(1), Cr. P.C. mandates that every investigation under Chapter XII shall be completed without unnecessary delay and since the said statutory mandate has been violated by the investigating agency in this case the proceeding is liable to be quashed.