PRASHANTA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) MISC . Case No. 689 of 2003 is at the instance of the writ petitioner who seeks variance/modification of paragraph 2 of a common order dated 7.3.2003 passed by a Bench of this Court (in which one of us, B. P. Das, J. was a member) in O.J.C. Nos. 9456, 13305, 12461 of 1999 and 13255 of 2001, Criminal Misc. Case Nos. 8479 and 8555 of 2001 and Criminal Revision No. 593 of 2001. Misc. Case No. 690 of 2003 has been filed for stay of operation of the above order. The C.B.I. has filed its counter.

(2.) WE have heard Shri Panda for the petitioner and Shri Padhi for the C.B.I. He has produced before us the case diary and the copies of the status of reports.

(3.) FOR the purpose of disposal of these applications, a brief resume of relevant events is necessary : Following the publication of a news item in a local daily about a sex racket being run by a P.T.I. (Physical Training Instructor) of K. K. Sabat Women's College, Balasore some enquiry was conducted about the incident by the Chair person of the Stale Commission for Women. The state Police (Crime Branch), Cuttack also made some enquiry about the incident. Meanwhile, one Harapriya Barik wrote a letter on 29.7.1999 to this Court alleging that no such incident had taken place and that she was not taken by anyone to Bhubaneswar on 9.7.1999. The said letter was registered as a writ petition bearing O.J.C. No. 9456 of 1999. Initially this Court passed an interim order requiring the State Government to see that her name was not published in the Media. The Court also issued notice on the State Government as well as on the State Commission for Women. However, the matter was not pursued further and by order dated 24.9.1999 the Court directed to close the same. Thereafter, three writ petitions were filed, one of them being OJC No. 13305 of 1999 filed by one Prashanta Kumar Das seeking a direction to the C.B.I. to make investigation. This Court by. order dated 9.5.2000 reopened the matter by directing the State Crime Branch to hand over all the papers relating to the case to the Director of C.B.I. who in turn will cause an investigation into the matter by an officer not below the rank of Deputy Inspector General. Accordingly, F.I.R. was lodged on 1.7.2000 against one Prabasini Kar, Physical Training Instructor of the aforesaid Women's College and others relating to the incident dated 9.7.1999 and onwards under Sections 120 B, 292, 342, 354, 366, 376 read with Section 511, I.P.C. In obedience to the direction of this Court, the C.B.I, had been submitting status reports from time to time with regard to its investigation. On 16.11.2001 a Bench of this Court passed an order in O.J.C. No. 13305 of 1999 which reads as follows :