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2022 DAILYLAW 986 (ORI)

BABITA GOCHHAYAT v. STATE OF ODISHA

CRLMP/751/2022 · 2026-05-18

Miss Savitri Ratho

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No.751 of 2022 Babita Gochhayat …. Petitioner Mr. Arijeet Mishra, Advocate -versus- 1. The State of Odisha, represented through the Secretary, Home Department, Bhubaneswar 2. Deputy Commissioner of Police, Cuttack 3. Officer-in-Charge, Chauliaganj Police Station …. Opposite Parties Mr. Ashok Kumar Apat, Additional Government Advocate CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 18.05.2026 23. (Through hybrid mode) 1. This CRLMP has been filed for issue of a direction to the Opposite Parties to conduct fair investigation on the FIR Chauliaganj PS Case No.86 of 2022 and to take proper steps against the accused persons and to safeguard the life and property of the Petitioner. 2. The FIR has been registered in connection with murder of son of the Petitioner. She had alleged that the PCR personnel or one Subashis Mohanty had murdered her son. p. 2 3. Mr. Arijeet Mishra, learned counsel for the Petitioner submits that in the meanwhile the Petitioner has died for which the CRLMP has been rendered infructuous. 4. Perused the affidavit where the copy of the Judicial Enquiry report conducted by the learned JMFC (R), Cuttack has been annexed as Annexure-A/3. In the said report the learned JMFC has opined that death of Bikash Gochhayat, S/o. Kedar Gochhayat was due to asphyxia as complication of ante-mortem drowning while it could not be established that the death was accidental, suicidal or homicidal, it is not a case of custodial death as the deceased had been allowed to leave the PCR vehicle on his own wishes before any cause resulting in death had fallen upon him. 5. In view of the memo and the enquiry report, the CRLMP is dismissed without issuing any direction. (Savitri Ratho) Judge RKS