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2017 DIGILAW 1414 (ORI)

Gagan Bihari Pradhan v. State Of Orissa

2017-12-07

B.K.NAYAK

body2017
ORDER B.K. Nayak, J. - Heard learned counsel for the petitioner and learned State Counsel. 2. In this writ petition, the petitioner prays for transfer of investigation of Puruna Katak P.S. Case No.91 registered on 11.09.2016 under Sections 302/201/34 of the I.P.C. to the Crime Branch Police with further prayer to direct the early completion of investigation. It is alleged in the F.I.R. lodged by the petitioner on 11.09.2016 that the petitioner was staying in his father-in-laws house with his wife as his father-in-law had no son, and was looking after the landed properties of his father-in-law. In the year of occurrence, he had cultivated the lands which were recorded in the name of his father-in-law, but his wife's cousins (paternal uncle's sons), namely, Jitendra Dehury and Rajendra Dehury were threatening the petitioner with dire consequences. On 10.09.2016 in the evening hours, the petitioners wife had gone to village-Krushnapalli for arranging labourers, but did not return for which the petitioner along with others searched for her and ultimately found her broken bangles from a urinal of Krushnapali U.P. School. They also found blood stains there and had informed at the nearest police Out Post. On arrival of police, the search operation further continued in the same night, but to no effect. On 11.09.2016, the dead body of petitioner's wife was found on a land near a tank in village-Krushnapalli with injuries on her person. It was further alleged in the F.I.R. that Jitendra and Rajendra, sons of Purna Dehury, had been threatening the petitioner and his wife over the property. 3. The post-mortem report of the victim shows bleeding injury on her head and vagina. Cause of death was excessive bleeding leading to hemorrhagic shock and neurogenic shock. The death was homicidal in nature. The autopsy doctor has also opined that considering the injuries in the private part of the deceased, the possibility of sexual assault cannot be ruled out. The viscera has been collected and sent for analysis. 4. With reference to the case diary, the learned Additional Standing Counsel submits that the two suspects, namely, Jitendra Dehury and Rajendra Dehury were subjected to polygraph test with negative findings. It is also submitted by him that though the family members and some other witnesses have been examined by the Investigating Officer under Section 161, Cr.P.C., 1973 no clue with regard to crime in question has been found. 5. It is also submitted by him that though the family members and some other witnesses have been examined by the Investigating Officer under Section 161, Cr.P.C., 1973 no clue with regard to crime in question has been found. 5. Considering the submission of the learned State Counsel and keeping in view the heinousness and brutality of the crime and having regard to the fact that the police is totally clueless about the culprit (s), it is desirable that the case be investigated by a competent officer of the Crime Branch Police. 6. Accordingly, I direct that opposite party no.2-Director General of Police, Orissa shall get Puruna Katak P.S. Case No.91 dated 11.09.2016 transferred to the Crime Branch for investigation by a competent officer. 7. The CRLMP is accordingly disposed of. 8. A free copy of this order be handed over to the learned State Counsel for compliance. CRLMP disposed of.