WILLIAM GEORGE BENEDICT BHAKTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner with a prayer for directing reinvestigation of the Criminal case which is subject matter of G. Ft. Case No. 716 of 2000 pending in the court of the S.D.J.M., Puri wherein the petitioner has been arrayed as an accused for commission of offences under Sections 376/34 I..P.C. by another agency preferably by the C.B.I.

(2.) THE brief facts leading to this writ petition are that an F.I.R. was lodged by one Maria Schmidova alias Mangala Devi alleging therein that she and her daughter were sexually abused by the petitioner. According to petitioner there was no medical evidence to show that there was any proof of rape by the petitioner on the daughter of Maria and also there was no injury detected on the private part of the victim. According to the petitioner the medical evidence clearly disproves either the case of attempted rape or actual rape. It is the fact that the investigating agency in the meantime has submitted a charge sheet and in pursuance of the direction of this court on 27.6.2001 the Sessions Judge, Puri submitted a report wherein it is stated that after submission of the charge sheet in the Court of the S.D.J.M., Puri processes have been directed to be issued for appearance of the accused persons awaiting commitment of the case to the court of session, that means charge sheet has already been filed.

(3.) AN affidavit has been filed being sworn to by one Upendra Nath Sahoo, who is the investigating officer of Puri Sea Beach Police Station relating to Puri Sea Beach P.S. Case No. 75 of 2001 in which the petitioner was implicated as an accused. It appears therefrom that the petitioner is facing serious charges relating to various drug offences alleged to have been committed by him in USA, and the police authorities have received a letter from the Asst. Director C.B.I. (Interpol) and a copy of the letter received by C.B.I. (Interpol) from US Embassy, copies of those letters are annexed to the counter as Annexures A/1 and B/1, which has been strongly disputed by the petitioner. The further case of the prosecution is that as charge sheet was filed against the petitioner, and he approached this Court twice with the prayer for bail, which were rejected, another application under Section 482 Cr.P.C. in Criminal Misc. Case No. 3025 of 2001 was filed which was also dismissed.