Biraja Prasanna Satapathy, J.

I.A. No.17212 of 2026

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the parties.

3. Learned counsel appearing for the Petitioners contended that he does not want to press this I.A.

4. Accordingly, the I.A. stands dismissed as not pressed.

(BIRAJA PRASANNA SATAPATHY)

Judge

W.P.(C) No.5194 of 2025

1. Heard learned counsel appearing for the Parties.

2. The present writ petition has been filed inter alia with the following prayer:-

“It is therefore prayed that this Hon'ble may graciously be pleased to admit this writ application, call for the records, issue notice to the opp. parties and on hearing issue writ of mandamus directing the opp. parties to pay compensation of Rs. 15,00,000/- (Rupees Fifteen Lakh) only along with interest @ 18% per annum to the petitioners from the date of custodial death of Charan Behera the husband of the petitioner No. 1.

Further the petitioners prayed for a direction to the State Govt. to give a suitable job to the petitioner No. 1 for having lost her husband Charana Behera and by quashing the Notification No. HOMEJAIL- RULE-0002-2022/JAILS 8977 dated 2nd March, 2023 under Annexure - 2 issued by the Addl. Chief Secretary, Govt. of Odisha, Bhubaneswar, Dist - Khurda.

And may further be pleased to pass any other order(s)/direction(s) as this Hon'ble Court deem fit and proper in the facts and circumstances of the case.

And for the said act of kindness, the petitioners as in duty bound shall ever pray.”

3. Learned counsel appearing for the Petitioners contended that the deceased, who happens to be the husband of Petitioner No.1 because of his involvement in Bellaguntha PS Case No.301 dated 11.07.2023, was arrested on 11.07.2023 and forwarded to the Court of learned SDJM, Bhanjanagar. The deceased after being remanded to judicial custody was sent to the Special Sub-jail, Bhanjanagar, where he was admitted into jail custody as an UTP vide UTP No.470 of 2023 on 11.07.2023.6.1. It is contended that even though no notice was ever issued to the Petitioner directing him to vacate the quarter, but Petitioner when was charged with penal rent for the period from February, 2002 to May, 2006 vide Annexure-6 communication dtd.12.09.2017, Petitioner challenging the same, approached this Court by filing W.P.(C) No. 7381 of 2018. This Court when directed for consideration of the Petitioner’s claim, the same was rejected vide the impugned order dtd.23.10.2018 under Annexure-9.

3.1. On being so admitted to jail custody as an UTP the deceased was staying in the quarantine house of the jail. However, while so staying in the quarantine house of the jail with effect from 11.07.2023, the deceased was brought to Sub-Divisional Hospital, Bhanjanagar on 15.07.2023 at about 9.35 A.M. in the morning in the jail Ambulance for medical treatment. But, on examination by the concerned Doctor who was present in the hospital, the deceased was declared brought dead.

3.2. It is contended that because of such death of the deceased while in custody on 15.07.2023 a post-mortem was also conducted on the deceased and the following external injuries were found on the deceased with internal injuries:-

i. A reddish brown coloured abrasion of size 5.5 cm X 3.5 cm with surrounding skin confusion present over postero lateral aspect of left arm.

ii. A reddish brown coloured abrasion of size 2 cm X 2 cm with surrounding skin confusion present over skin below 1^st lesion.

iii. A reddish brown coloured abrasion of size 5 cm X 3 cm with surrounding skin present over middle part of posterior aspect of left arm.

iv. A reddish brown coloured abrasion of size 4.5 cm X 3.5 cm with surrounding skin confusion present over middle part of posterior aspect of left arm.

v. A bluish purple coloured bruise of size 15cm x10cm present over postero lateral aspect of left arm.

vi. A reddish brown coloured abrasion of size 5cmx3cm with surrounding skin confusion present over upper part of left flank.

vii.