RAJIB KUMAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, Rajib Kumar Behera, the then S.I. of Police (IO in Aska PS Case No. 9 of 2013), has filed this writ petition to quash the order dated 11.11.2020 passed by the Odisha Human Rights Commission, Bhubaneswar in OHRC Case No.1650 of 2013 under Annexure-1, and further seeks direction to exonerate him from the charges levelled against him.

(2.) The factual matrix of the case, in hand, is that opposite party no.4-Minakshi Pattnaik, being the complainant before the Odisha Human Rights Commission (OHRC), filed a petition on 22.05.2013 making certain allegations against the present writ petitioner and his staff, who have been harassing and inflicting atrocities on her and her family members. She specifically alleged that on 04/05.05.2013, some police personnel came to her house at 2.00 A.M. in the night and forcibly took her husband to the police station and tortured him physically and mentally.

(3.) Mr. P.K. Satpathy, learned counsel for the petitioner contended that the impugned order dated 11.11.2020 passed in OHRC Case No.1650 of 2013 by the Commission imposing liability on the petitioner is liable to be set aside as it has not accepted the explanation given by the petitioner and ignored the vital witnesses as well as committed procedural irregularity, for which the said order cannot sustain in the eye of law. It is further contended that the Commission, while passing the order impugned, relied upon the inquiry report of the Deputy Superintendent of Police, OHRC and not taken into consideration the explanation given by the petitioner and also the station dairy records of Aska Police Station. As such, there was no raid on 04/05.05.2013 in the night for arresting the accused in Aska P.S. Case No.9 of 2013. It is further contended that the evidence of Smt. R. Chhatoi, who is the vital witness to the inquiry, has not been taken into consideration by the Commission in proper perspective. Thereby, he seeks for quashing of the order impugned by exercising the extraordinary power under Articles 226 and 227 of the Constitution of India.