Supreme Court - Daily Orders
Parbati Majhi vs The State Of Odisha on 3 April, 2025
Author: Pankaj Mithal
Bench: Pankaj Mithal
1
Diary No. 17848/2024
ITEM NO.16 COURT NO.15 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION(CRIMINAL)…………………………………. Diary No. 17848/2024
PARBATI MAJHI & ANR. PETITIONER(S)
VERSUS
THE STATE OF ODISHA & ORS. RESPONDENT(S)
(FOR ADMISSION and IA No.174901/2024-CONDONATION OF DELAY IN
REFILING / CURING THE DEFECTS; IA No. 296720/2024 - EXEMPTION FROM
FILING O.T. and IA No. 295274/2024 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 03-04-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PANKAJ MITHAL
HON'BLE MR. JUSTICE S.V.N. BHATTI
Amicus Curiae Ms. Suja Joshi, Adv.
For Petitioner(s) Petitioner-in-person
For Respondent(s) Mr. Anjuman Tripathy, AOR
Mr. Ardhendu Pratap Swain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. Delay condoned.
2. Ms. Suja Joshi, learned counsel, is appointed as an Amicus Curiae to help the petitioners who are appearing in person and to assist the Court as well.
3. Heard Ms. Suja Joshi, learned Amicus Curiae, Signature Not Verified Digitally signed by SNEHA DAS the petitioners appearing in-person and Mr. Anjuman Date: 2025.04.03 17:34:53 IST Reason: Tripathy, learned Advocate-on-Record appearing for the respondents.
2Diary No. 17848/2024
4. The petitioners have invoked the writ jurisdiction of this Court under Article 32 of the Constitution of India demanding registration of FIR and CBI Inquiry.
5. It appears that the father of the petitioners, ‘Dasarath Majhi’ was in Village Police of Odisha. It is alleged that he was brutally beaten on 05.06.2016 and was thrown in the forest from where he was recovered and hospitalized where he ultimately succumbed to his injuries on 06.12.2016.
6. There also appears to be some dispute between the petitioners with their elder sister ‘Padma’. The said elder sister with the aid of some political persons appears to have forceably taken away the dead body of the father and they may have cremated the same. Thus denying the petitioners the right to cremate their father.
7. It also appears that the eldest sister of the petitioners lodged complaints/FIRs against the petitioners and vice versa. It also appears that subsequently petitioners were dispossessed from the family property.
8. The High Court of Odisha took suo moto action in the matter and a writ being Writ Petition(PIL) No. 5035 of 2019 came to be registered.
9. In the said PIL, the High Court vide order 3 Diary No. 17848/2024 dated 27.02.2019 directed the authorities to see that the land of the petitioners is restored to their possession and that they be granted police protection and necessary facilities to live their life normally. Subsequently, the said writ petition came to be disposed of on 05.08.2019 with liberty to the petitioners to apply for discharge before the Trial Court in the criminal cases alleged to have been initiated by their eldest sister. The High Court also gave liberty to the petitioners to revive the PIL within 30 days in case they face any difficulty.
10. The petitioners, so far, have not applied for discharge and have not even availed the remedy of revival of PIL.
11. In the above facts and circumstances, to give quietus to the matter, we consider it appropriate to direct the Koraput District Legal Services Authority to collect complete information regarding the alleged incidents and after making such inquiries, as may be deemed necessary, submit a report before this Court through the State Legal Services Authority within a period of six weeks.
12. In the meantime, petitioners are permitted to avail the liberty granted by the High Court in PIL to move an application for their discharge in the criminal cases for which purpose necessary legal aid 4 Diary No. 17848/2024 may be provided to them by the Koraput District Legal Services Authority or the concerned District Legal Services Authority.
13. Learned counsel for the State may seek instructions regarding the properties of late Dasarath Majhi and FIR No. 0043 of 2020 and file an affidavit clearly indicating the status of various criminal cases going on between the parties and to place on record the status of the family properties belonging to late Dasarath Majhi.
14. List on 15.07.2025.
15. The petitioners are at liberty to approach the Koraput District Legal Services Authority or the concerned District Legal Services Authority in the event they face any difficulty or if they require any assistance from them.
16. The concerned District Legal Services Authority is expected to help out the petitioners in accordance with law.
(SNEHA DAS) (NIDHI MATHUR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)