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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA
Rajendra Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. procedural background and filing of the petition. (Para 1 , 2) |
| 2. reference to earlier judgments and relevance of inquiries. (Para 3 , 4) |
| 3. details of the post-mortem and its implications. (Para 5 , 6) |
| 4. analysis of custodial death and legal standards. (Para 7 , 8) |
| 5. presumption of negligence based on evidence. (Para 9) |
ORDER :
2. On 12th July, 2022, on behalf of State it was submitted that counter had been filed and there is reference therein to inquiry under sub-section (1-A) in section 176 of Code of Criminal Procedure, 1973 by Magistrate, as is pending. There was record in order made that day that the counter does not disclose police report under section 174. State was required to answer as to how finding in the Magisterial inquiry would be relevant as contention in defence against the claim for compensation.
4. In Smt. Bishnupriya Pattnaik (supra), Mr. Das relies on paragraph 10. Said paragraph is reproduced below:
He then relies on following passage from proceedings dated 4th September, 2020 in NHRC, reproduced below.
5. Paragraph 9 from counter filed on behalf of State is reproduced below:
6. In Smt. Bishnupriya Pattnaik (supra) the writ petition carried allegati
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