BANDHNA TOPPO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present application filed under Sec. 482 of Cr.P.C. is for grant of the following prayer;

(2.) The facts of the case, briefly stated, are that on 28/2/2022 at about 12 noon, the Petitioner received a call from one Birendra Lakra on his mobile phone that his son Anand Toppo (deceased) was un-conscious and shifted to Capital Hospital, Bhubaneswar in an Ambulance by one Manjeet Tete. The doctor however, declared him brought dead. Suspecting foul play, the Petitioner attempted to lodge a complaint before the I.I.C. of Infocity P.S. but the same was not accepted on the ground that an F.I.R. had already been lodged being Infocity P.S. U.D. Case No.14/2022 as a case of suicide. The Petitioner submitted a written complaint on 1/4/2022 before the I.I.C. of Infocity P.S. by hand with request to register the same and convert the U.D. Case into a murder case. The I.I.C. received the same but did not give any acknowledgment. On repeated query by the Petitioner, it was given out that investigation is in progress. Being aggrieved by such inaction of the I.I.C, the Petitioner sent the substance of information along with his previous complaint in writing to the D.C.P. of Police, Bhubaneswar-Cuttack by registered post requesting to register the case under Sec. 302 of I.P.C. and to conduct proper investigation. No action being taken thereon the Petitioner sent another complaint on 17/5/2022 by registered post to the Commissioner of Police, Bhubaneswar-Cuttack for redressal of his grievance. Since no action was taken despite such steps, the petitioner approached this Court in CRLMP Nos.2153 and 2154 of 2022.

(3.) During pendency of the aforementioned case, the Infocity Police acknowledged the written complaint of the Petitioner and registered the same as P.S. Case No. 3636 dtd. 24/11/2022. Taking note of such facts, a coordinate Bench of this Court disposed of CRLMP No.2153/2022, inter alia, with the following observations;