Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
V. NARASINGH, J.
Madan Mohan Pani – Petitioner
Versus
State of Orissa and Others – Respondents
W.P. (C) No. 8283 of 2015
Decided On : 29-07-2022
Human Rights Violation - Police Raid - Cr.P.C. 1973, Section 46(4) - Violation of Human Rights, Apex Court Mandate, and Statutory Interpretation - The court discussed the violation of Section 46(4) of the Cr.P.C. 1973, the mandate of the Apex Court in Joginder Kumar vs. State of U.P. and Arnesh Kumar vs. State of Bihar, and the statutory interpretation principles. The court found the petitioner guilty of human rights violation and modified the HRC's order by directing the petitioner to pay compensation and quashing the Departmental Proceeding.
Fact of the Case:
The case involved a police raid conducted without obtaining permission from the Magistrate, leading to a violation of human rights. The petitioner, a police officer, was accused of dereliction of duty and violation of Cr.P.C. 1973, Section 46(4).
Finding of the Court:
The court found the petitioner guilty of human rights violation and upheld the HRC's order, but modified it by directing the petitioner to pay compensation and quashing the Departmental Proceeding.
Issues: The key issues included the legality of the police raid, violation of human rights, and the applicability of Cr.P.C. 1973, Section 46(4).
Ratio Decidendi: The court relied on the violation of Section 46(4) of the Cr.P.C. 1973, the mandate of the Apex Court in Joginder Kumar vs. State of U.P. and Arnesh Kumar vs. State of Bihar, and principles of statutory interpretation to reach its decision.
Final Decision: The court modified the HRC's order by directing the petitioner to pay compensation and quashing the Departmental Proceeding. The Writ Petition was disposed of with no costs.
JUDGMENT :
V. NARASINGH, J.
1. Assailing the Order of the Odisha Human Rights Commission, hereinafter referred to as “OHRC” dated 12.01.2015 in OHRC Case No. 1388 of 2014, at the instance of Amrita Padhy (Opposite Party No. 5) recommending exemplary punishment against the petitioner the Investigating Officer in Jarada P.S. Case No. 42 of 2014, the present writ petition has been filed under Article-226 of the Constitution of India.
2. The complainant before the OHRC has been arrayed as Opposite Party No. 5 and her mother as Opposite Party No. 6 and the Registrar, Odisha Human Rights Commission is impleaded as Opposite Party No. 4. The complaint-Opposite Party No. 5 before the OHRC filed a written memo indicating her stand in the case at hand:
(b) Copy of the memorandum of charges inter-alia refers to the impugned direction of the HRC recommending “exemplary punishment” for the alleged dereliction of duty as stated in the charge memo.
3. The factual background germane for just adjudication is stated hereunder:
(ii) Pursuant to such requisition a Station Diary Entry No. 623, dated 26.04.2014 (4.05 A.M.) was made in Baidyanathpur P.S. and ASI of Police one Sri R.K. Dash of Baidyanathpur P.S. accompanied the police officers of Jarada Police Station ASIs of police M.M. Pani (the petitioner) and P.C. Panigrahi, Havildar - N.C. Mishra and Women Constable-167 as per Station Diary Entry No. 624 (4.15 A.M.).
Station Diary Entry Nos. 623, 624 and 625 dated 26.04.2014 are quoted hereunder for convenience for ready reference.
623 - 4.05 A.M. - At this hour ASI Madan Mohan Pani of Jarada P.S. appeared at P.S. and presented a requisition for apprehending the accused 01. Dilu Padhi S/O B. Padhi, 02. Amrita Padhi D/O B. Padhi and 3. Smt. Indira Padhi W/O B. Padhi of Khodasingi Banchanindhi Nagarin Jarada P.S. Case No. 42 dated 12.03.2014 U/S. 341/294/323/355/506/34 I.P.C. On this intimated to IIC who directed to depute local staff for assistance noted the fact in SD for further reference.” (Part of Annexure-2 in the connected W.P. (C) No. 8283 of 2015).
624 - 4.15 A.M. - At this hour ASI R.K. Dash was deputed to render assistance to ASI M.M. Pani to Jarada PS for apprehending the accused persons at Banchanindhi Nagar, 5th Lane, Khodasingi, Berhampur.
625 - 5.30 A.M. - At this time ASI R.K. Dash returned to PS after making proper assistance to the staff as well as ASI M.M. Pani of Jarada PS in raid but get no success for at Berhampur of the accused persons.
4. It is stated that since the Opposite Parties-5 and 6 are cited as Accused Nos. 2 and 3 in Jarada P.S. Case No. 42 of 2014 and as part of the ongoing investigation, the raid was conducted.
5. The H.R.C. took serious exception to the factum of the raid by the officials of the Jarada Police Station including the petitioner who was the I.O. without obtaining any permission of the Magistrate as envisaged under Section-46 (4) of Cr.P.C. 1973. Also taking note of the violation of the mandate of the Apex Court in the case of Joginder Kumar vs. State of U.P. AIR 1994 SC 1349 : (1994) 4 SCC 260 and Arnesh Kumar vs. State of Bihar and Another, (2014) 8 SCC 273, OHRC directed for exemplary punishment to the police Officer who were involved in the raid including the petitioner.
6. There is nothing on record to show that the petitioner as I.O. has made any attempt to serve a notice as envisaged under Section 41-A Cr.P.C. from the date of institution of the case on 12.03.2014 till the raid w
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
