DEBASIS PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two applications have been filed under Section 482, Cr. P.C. assailing the order of S.DJ.M. (S). Cuttack, dated 28-2-2007, passed in ICC No. 671 of 2005, taking cognizance against the petitioners for commission of offences under Section 323 read with Section 107/108, IPC and Section 29 of the Police Act.

(2.) The factual background of the case is that the husband of the complainant (Debakalyan Mohanty), who was working as Senior Mining Engineer, Gevra Colliery under South Eastern Coal Fields Ltd. (a subsidiary of Coal India Ltd.), in the State of Madhya Pradesh (now Chattishgarh), died on 30-12-1995 under suspicious circumstances. The local police after investigation, did not find anything suspicious and it appeared to be a case of suicide. Accordingly, they filed final report treating it to be a case of suicide and the final report was accepted by the Executive Magistrate, Kathghora, Korba.

(3.) The complainant not being satisfied with the investigation conducted by the local police, filed writ application (OJC No. 11925 of 1996). alleging murder of her husband by coal mafias at the instance of the high officials of South Eastern Coal Fields Ltd. (for short 'SECL') and prayed for investigation of the matter by Central Bureau of Investigation (for short 'CBI'). This Court by order dated 19-1-2001 directed the Director, C.B.I., New Delhi, to get the matter investigated by deputing its officers.