Orissa High Court
CRLMP/542/2015 on 7 January, 2020
CRLMP No. 542 of 2015
06. 07.01.2020 None appears for the petitioners at the time of call.
Heard Mr. A.K. Mishra, learned Addl. Government
Advocate.
Perused the record. The petitioners have filed this
application seeking direction to opposite party no.5 to take
legal action on the FIR lodged by them under Annexure-1
and the representation made under Annexure-2 series.
Mr. A.K. Mishra, learned Addl. Government
Advocate contended that on the basis of the FIR lodged,
investigation is concluded and charge sheet has already
been submitted by police.
As it appears, an affidavit has been filed by opposite
party no.5 on 27.11.2019, of which paragraph-7 is extracted
below:-
"7. That in reply to the averments made in para-
4 of the application, it is humbly submitted that,
during course of investigation it is ascertained that
the I.O. has examined the complainant and other
witnesses and recorded their statement U/s 161
Cr.P.C., prepared the clear spot map. Conducted
over the dead body of deceased Tapoi Rout, W/o-
Manoj Kumar Rout of vill-Jhinkiria, P.S. Rajnagar
and sent the dead body to M.O. UGPHC, Aul for P.M.
and collected P.M. report of deceased Tapoi Rout.
The M.O. Dr. Ajit Kumar Das, UGPHC, Aul conducted
the P.M. and opined that the cause of death of
deceased is due to asphyxia leading to cardio
respiratory failure. Mostly due to anti mortem
suicidal hanging. He has detected a clear ligature
mark around the neck with knot below engle of (L)
mandle. Case was supervised by Sri R.C. Mohanty,
OPS-I Addl. S.P., Kendrapara, during investigation
and supervision disclosed that, it is a true case U/s
498-A/306/34 IPC/4 D.P. Act against the accused
persons namely Manoj Kumar Rout, S/o Panchanan
Rout and Sailabala Rout, W/o Panchanan Rout both
of vill-Jhinkiria, PS-Rajnagar, Dist-Kendrapara. The
I.O. has taken almost all steps to apprehend to the
above accused persons but could not success as
they fled away outside to avoid police arrest.
Subsequently the accused Sailabala Rout, W/o-
Panchanan Rout both of vill-Jhinkiria, PS-Rajnagar,
Dist-Kendrapara released on bail on the strength of
High Court order before the Hon'ble JMFC. Other
accused namely Manoj Kumar Rout, S/o Panchanan
Rout vill-Jhinkiria, PS-Rajnagar, Dist-Kendrapara
was absconded and his presence where about not
known. As the case is pending year old for arrest of
the accused, the IO issue NBW against accused
Manoj Kumar Rout, S/o Panchanan Rout vill-
Jhinkiria, PS-Rajnagar, Dist-Kendrapara from JMFC,
Rajnagar and I.O. discussed with IIC with case
record for merit of the case. The I.I.C. go through
the case record and directed the I.O. to submit
C.S.U/s498-A/306/406/34 IPC/4 D.P. Act against
the accused persons namely Manoj Kumar Rout, S/o
Panchanan Rout and Sailabala Rout W/o Panchanan
Rout both of vill-Jhinkiria, PS-Rajnagar, Dist-
Kendrapara after obtaining order from S.P.,
Kendrapara, I.O. obtainin the same and submitted
charge sheet."
In view of such position, since charge sheet has
already been submitted, nothing more to be adjudicated in
the present application.
Accordingly, the CRLMP stands disposed of.
Ashok
...............................
(DR. B.R. SARANGI) JUDGE