MAMATA MOHANTY Vs. DIRECTOR C B I

JUDGEMENT

(1.) HEARD Mr. S.N. Kar, learned counsel for the petitioner and Mr. S.K. Padhi and Mr. Goutam Mishra, learned counsel for the C.B.I.

(2.) THE husband of the petitioner late Debakalyan Mohanty was working as Senior Mining Engineer of Coal India Gevra Colliery Project at Gevra under the South Eastern Coal Fields Ltd. He died under suspicious circumstances on 30.12.1995 at Gevra.

(3.) DURING pendency of this writ petition, the C.B.I. has completed the investigation and submitted a final status report stating therein that the final report (closure) under Section 173 Cr.P.C. has been filed in the Court of the Chief Judicial Magistrate (Special Magistrate, C.B.I. Cases), Raipur after approval by the competent authority of the C.B.I. and a prayer has been made on behalf of the C.B.I. before the Court of Chief Judicial Magistrate (Special Magistrate, C.B.I. Cases), Raipur to accept the said final (closure) report. The Court of Chief Judicial Magistrate (Special Magistrate C.B.I. Cases), Raipur is yet to pass orders accepting the said closure report filed by the C.B.I. under Section 173 Cr.P.C. The petitioner filed an application for amendment of the writ petition incorporating therein the objections of the petitioner to the results of the investigation by the C.B.I. The said application for amendment was allowed by the Court on 28.1.2005 in Misc. Case No. 1515 of 2004.