BICHITRA NANDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present writ application has been filed by the petitioner praying for a direction to the opposite parties to investigate the case properly or to hand over the investigation to the C.I.D. (C.B.) or to any other independent agency as the general police is not investigating the matter properly even though six months time has been elapsed from the date of registration of F.I.R.

(2.) The case of the petitioner is that his youngest son - Sanjeeb Kumar Das @ Jhuntu, went on missing from his house on 26.12.2016. Inspite of best efforts, when he could not be traced out by his family members, on 27.12.2016 vide Annexure-1, a missing report was submitted before I.I.C., Badampahar Police Station (opposite party no.5) and the same was registered as M.M.R. No.3/2016/Station Diary No.590 dated 27.12.2016. Despite this, no sincere effort was made by the police to trace out his son. On 31.12.2016, the dead body of the son was recovered from a pond and accordingly, the petitioner submitted a written report before opposite party no.5 stating therein that the persons, who have kidnapped, had killed his missing son and have thrown the dead body in the said pond. In the said written report, the petitioner indicated about suspected involvement of the friends of the deceased in committing the crime. Accordingly, the police registered the same as Badampahar P.S. Case No.1/2017 for commission of offences under Sections 363/302/201, I.P.C. vide Annexure-2 but against unknown accused persons. Since the local police was not able to detect the culprits and did not carry out the investigation properly, the petitioner submitted a representation on 4.2.2017 vide Annexure-3 before opposite party no.1 with a prayer to entrust the investigation to C.I.D. (C.B.)/C.B.I. for carrying out proper investigation. When nothing was done, on 27.6.2017, the petitioner filed the present writ application making the above noted prayer. In this application, the petitioner has stated that though the culprits are moving in the broad day light and are threatening the petitioner, however, the police is sleeping over the matter.

(3.) On behalf of the opposite parties, three affidavits dated 2.7.2019, 29.7.2019 and 16.9.2019 have been filed. According to the said affidavits, initially Badampahar P.S. U.D. Case No.17 of 2016 was initiated and enquired into by Shri U.C. Nayak, A.S.I. He had examined the petitioner and other relatives of the deceased and other witnesses. During enquiry of U.D. Case, he recovered the dead body of the deceased from the pond by utilizing the service of Fire Brigade team of Badampahar Unit. He held inquest over the dead body on 31.12.2016 and sent the dead body for Post Mortem Examination to S.D.H., Rairangpur on the same date. He also visited the spot, utilized the service of police dog and scientific team. From the spot, he seized one Mc-Dwell Celebration Rum bottle, two numbers of use and throw white plastic glasses, one pair of plastic chappal belonging to the deceased as well as sample earth in presence of the witnesses. Further he seized a sealed bottle containing water of the pond collected from the spot by the S.O., D.F.S.L., Baripada in presence of witnesses. He also seized wearing apparels of the deceased and his biological samples in presence of witnesses.