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2.3 Pursuant to the affidavits of Lili Naik and her father, the further investigation U/S. 173(8) of Cr.P.C. in the case lodged by the Grama Rakhi on the allegation of murder of Lili Naik commenced on 11.12.2014 and for the selfsame dead body, another investigation was carried on the FIR of Krushna Dhungia on 24.02.2015 and in the meantime, considering the importance of the case in the background of aforesaid facts, on 08.06.2015 the CID, CB took up the investigation of both the case by registering CID CB P.S. Case No. 13 for offence U/Ss. 302/201 of IPC & 14 for offence U/Ss.302/201/34 of IPC in respect of Moroda P.S. Case No. 36 of 2012 and 11 of 2015 respectively and the DSP of Police CID, CB Sri Alok Das was entrusted with the investigation in respect of Moroda P.S. Case No. 36 of 2012 for murder of Lili Naik, who was stated to be found alive.

2.4. In the aforesaid facts and circumstance, challenging the entire criminal proceeding against him and another in S.T. Case No. 31 of 2014 arising out of Moroda P.S. Case No. 36 of 2012 (which is further investigated U/S. 173(8) of Cr.P.C. by Crime Branch in CID CB Case No. 13 of 2015) the petitioner Sukadev Naik has filed CRLMC No. 1773 of 2017. Similarly, challenging the other criminal proceeding against them in G.R.Case No. 221 of 2015 corresponding to CID CB Case No. 14 of 2015, the petitioner Sukadev Naik and others have filed another CRLMC No. 2555 of 2017.

4. After having considered rival submissions upon perusal of copy of affidavit and documents produced by learned ASC and on going through the materials placed on record, the undisputed facts as emanate from the record that one adult female dead body was recovered from an unused well by side of road near Anganwadi School at Dhadasai on 23.05.2012 and such dead body was initially identified to be of Lily Naik and on the report of Gramarakhi, an FIR was registered against Sukadev Naik in Moroda P.S. Case No. 36 of 2012 for offences U/Ss. 302/201 of IPC on the allegation of murder of Lily Naik and causing disappearance of evidence and during investigation, Sukadev Naik and Sudam Si were arrested and forwarded to the Court in this case and subsequently, cognizance was taken for offences U/Ss. 302/201/109 of IPC after submission of charge sheet and the case was committed to the Court of Sessions Judge, Mayurbhanj at Baripada in S.T.Case No. 31 of 2014, but the so called dead person Lily Naik stated to have filed an affidavit and, thereby, the said case was further investigated U/S. 173(8) of Cr.P.C. on registration of CID CB P.S. Case No. 13 of 2015 by the IO-Sri Alok Das,Dy.SP CID, CB who submitted final form as "mistake of fact" and lodged a complaint in CID P.S. Case No. 8 of 2016 against the initial IO of Moroda P.S. Case No. 36 of 2012 namely, Sri Rasmiranjan Das for perfunctory investigation and wrongfully confining Sukadev Naik and Sudam Si. On 24.02.2015, Moroda P.S. Case No. 11 was registered for offence U/Ss. 302/201/34 of IPC on the report of Krushna Dhungia who had alleged therein against Sukadev Naik and others for the murder of his sister namely, Mandakini Dhungia in respect of same dead body, which was earlier identified to be of Lily Naik, but subsequently, Crime Branch took up the investigation of the said case by registering CID, CB P.S. Case No. 14 of 2015 and the cause of death of the dead body recovered was obtained by sending the bone of the deceased along with blood sample of informant for DNA profiling to the expert as well as to the Professor-cum-HOD, FM&T, SCB MCH, Cuttack who after examining opined as follows:-

8. In the result, both the CRLMCs. are allowed on contest with cost of Rs.10,000/-(Ten Thousand) to be paid by the State to the petitioner-Sukadev Naik first and subsequently, the State shall realize the cost from the concerned erring officer who had arrested and forwarded the petitioner-Sukadev Naik to the Court. As a logical sequitur, the entire criminal proceeding in S.T. Case No. 31 of 2014, arising out of Moroda P.S. Case No. 36 of 2012 (CID, CB P.S. Case No. 13 of 2015) now pending in the file of learned Sessions Judge, Mayurbhanj at Baripada and the entire criminal proceeding in G.R.Case No.221 of 2015 arising out of Moroda P.S. Case No. 11 of 2015 corresponding to CID, CB P.S. Case No. 14 of 2015 pending in the file of learned S.D.J.M., Baripada are hereby quashed.