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1994 Supreme(Ori) 20

ARIJIT PASAYAT
SK. SIRAJ – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.Mohapatra, B.D.TRIPATHI, D.P.Dhal, K.N.PARIDA, M.MISHRA, P.K.DHAL, R.C.PATNAIK, S.K.PANDEY, S.MALLICK, S.SAHOO

ARIJIT PASAYAT, J.


( 1 ) ALLEGING Police brutality, the petitioner filed a complaint praying for taking action against the opposite parties Nos. 2 and 3, who were at the relevant point of time functioning as officials of Bhadrak Police Station, before the learned Sub-Divisional Judicial Magistrate, Bhadrak (in short, 'sdjm' ). The allegations were that on account of brutality of the opposite parties Nos. 2 and 3 one Sk. Mairaj, brother of the petitioner lost his life, and therefore offences punishable under Sections 302, 302/149, 302 / 34 and 379 / 34 of the Indian Penal Code, 1860 (in short, 'ipc') were made out against them. Allegedly opposite parties Nos. 2 and 3 carried the deceased in van and administered severe blows on 30-3-1991, and subsequently his dead body was handed over to his relations on 31-3-1991 in the afternoon and direction was given to finish the funeral early. Thirty-three witnesses were named in the complaint petition stating that their evidence would establish the complainant's case. Out of them twelve were examined as prosecution witnesses. Though one was examined as court witness, he was described as P. W. 13. By the impugned order dated 22-5-1991, in I. C.












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