RABINDRANATH MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this application for making a probe into the death of his son, namely, Kuldeep Mohapatra and seeks for payment of Rs.20 lakhs as compensation due to death of his son in Saheed Nagar Police Station at Bhubaneswar.

(2.) The factual matrix of the case in hand is that on 5.6.2012 at about 8.00 A.M. one Basanta Kumar Sahu was proceeding through Vani Vihar square on the National Highway by driving his vehicle TATA ACE bearing Regd. No. OR-02-AQ-2833 loaded with centring wood planks. At Sani Mandir on the National Highway, one Kuldeep Mohapatra @ Pigi (deceased) overtook his vehicle by riding a Bajaj Discover Motorcycle and stopped the TATA ACE vehicle and identified himself as Special Squad Inspector to the driver of the TATA ACE and asked for documents of the vehicle and the loaded articles. The driver, Basanta failed to produce the documents, for which Kuldeep Mohapatra @ Pigi snatched Rs.2900/- from the money purse of Basanta and slapped him. Then, Basanta came out of the vehicle and there was tussle between Basanta and Kuldeep. Basanta called the passers-by and the outsiders gathered at the spot and when the public asked about the matter, Kuldeep abused them in obscene language and the public assaulted Kuldeep by fist blows, kick blows by bamboo lathis and plastic pipes. Few people intervened and took both Kuldeep and Basanta to Saheed Nagar Police Station. At the police station, Basanta Sahu lodged a written report before the IIC, which was registered as P.S. Case No. 146 of 2012 and directed the A.S.I. Banamali Das to take up investigation. During investigation, the I.O. visited the spot with the informant, accused and other police staffs, where he seized the motorcycle, bamboo lathis and pipes and also arrested the accused at the spot and returned to police station. Since the accused, Kuldeep Mohapatra was assaulted by the public, the I.O. also lodged the F.I.R. against the public, which was registered as P.S. Case No. 147 of 2012. In the police station at about 2.05 P.M., accused Kuldeep Mohapatra complained of pain in his chest and abdomen and then he was shifted to Capital Hospital, Bhubaneswar, but he was declared dead. Since the accused Kuldeep Mohapatra died in police custody, this writ petition has been filed.

(3.) On the oral prayer made by learned counsel for the petitioner, vide order dated 18.08.2014, he has been permitted to add Superintendent of Police, C.B.I., Bhubaneswar as opposite party no.4 to the writ petition. Consequentially, C.B.I. caused an inquiry and submitted its report, which has been recorded by order dated 23.04.2015 in the present proceeding. After causing inquiry, on the basis of the evidence adduced in such inquiry proceeding, the C.B.I. authority has come to a finding, paragraphs-5.9 and 5.10 of which read as follows:-