PRASANTA PATTANAIK Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying to handover the investigation of Cuttack, Sadar P.S. Case No. 221 of 2016 to State Crime Branch Police or to the C.B.I.

(2.) Cuttack, Sadar P.S. Case No. 221 of 2016 was registered under section 302, IPC on the basis of I.R. lodged by the present petitioner alleging that his nephew (Brother's Son), Soumya Ranjan Patnaik, aged about 13 years went to the market at about 9:30 P.M. on 17.06.2016 after finishing his tuition study. Since he did not return from the market for a long time the informant and other family members searched for him in the market as well as in the houses of his friends and ultimately found him hanging inside a dark, open house at the backside of the Bazar. They immediately un-tied him and took him to the SCB Medical College and Hospital, Cuttack where the doctor declared him dead. The F.L.R. was lodged with the assumption that somebody committed the murder of the child, Soumya Ranjan Patnaik and hung him inside the dark house.

(3.) It is stated in the writ petition that the body of the deceased child was hung from a bamboo beam about 10 feet above the floor of the house, which was used for storing tent materials, and that it was not possible on the part of the deceased to climb on to the beam and hang himself. It is further stated that the deceased was a normal child and that he completed his tuition study in the evening of the occurrence in a normal way and that there was no disturbance in the family and, therefore, there is no reason as to why he could commit suicide by hanging. It is further stated that the deceased was hung by a lady's scarf (Odhani), which neither belongs to the petitioner nor to any of his family members and that no such scarf (Odhani) was available beforehand in the house where the body was found hanging. It is stated that the police is proceeding with the investigation since the date of registration of the F.I.R., which is by now, more than a year, but unable to trace out the owner of the scarf (Odhani) with which the deceased was hung. It is stated that the loop in the scarf (Odhani) was prepared with the type of knot, which the deceased boy could not have tied. It is alleged that though some witnesses gave some clue to the investigating police, which if pursued earnestly and diligently, may lead to a breakthrough, the Investigating Authority is not diligent to pursue the same and is proceeding with the investigation on the assumption that the deceased committed suicide. It is stated that some young persons and teenagers used to visit the said open, occurrence house in a very suspicious manner, which fact was disclosed to the police by some witnesses, but the police did not direct its investigation to that aspect. It is further stated that the statements of witnesses are being recorded properly by the Investigating Officer.