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2021 Supreme(Ori) 240

B.R.SARANGI
Rajib Kumar Behera – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/S P K Satapathy, Advocate, P. Panda, Advocate, B. Das, Advocate, A.K. Sharma, Advocate

JUDGMENT

B.R.Sarangi, J. - The petitioner, Rajib Kumar Behera, the then S.I. of Police (IO in Aska PS Case No. 9 of 2013), has filed this writ petition to quash the order dated 11.11.2020 passed by the Odisha Human Rights Commission, Bhubaneswar in OHRC Case No.1650 of 2013 under Annexure-1, and further seeks direction to exonerate him from the charges levelled against him.

2. The factual matrix of the case, in hand, is that opposite party no.4-Minakshi Pattnaik, being the complainant before the Odisha Human Rights Commission (OHRC), filed a petition on 22.05.2013 making certain allegations against the present writ petitioner and his staff, who have been harassing and inflicting atrocities on her and her family members. She specifically alleged that on 04/05.05.2013, some police personnel came to her house at 2.00 A.M. in the night and forcibly took her husband to the police station and tortured him physically and mentally.

    2.1 On receipt of such complaint dated 22.05.2013, copy of the same was sent to Superintendent of Police, Ganjam with a request to get the matter enquired into and submit a factual report to the Commission. In response to the same, a report was received, which was

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