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Judgment
Arindam Sinha, J
I.A. nos.11463 of 2022 and 11755 of 2022
Mr. Dash, learned advocate appears on behalf of petitioners. They are parents of the deceased. He submits, death was in custody. Odisha Human Rights Commission found negligence on part of the police officer. Its report dated 7th September, 2021 was impugned in W.P.(C) no.33429 of 2021, (Tapan Narayan Rath and another v. State of Odisha and others) dismissed by this Bench by order dated 29th October, 2021. Mr. Dash hands up order dated 11th November, 2021 of the first Division Bench, dismissing appeal preferred therefrom.
He submits, pursuant thereto FIR dated 12th November, 2021 was registered under sections 342/323/325/302/506/34 IPC against accused persons. However, State has filed counter through a person, who is at present Sub-divisional Police Officer, Laxmipur, district Koraput. He has no knowledge about the case. In the circumstances, two applications have been made by his client. First is with prayer for direction upon State to file a properly constituted counter with up to date events on basis of said FIR and second for addition of Additional DG of Police, Crime Branch, Buxibazar, Cuttack.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, counter has been filed. Petitioners may file rejoinder.
In spite of petitioners having brought on record subsequent events including registration of FIR, impleaded State functionaries place reliance on the counter already filed. In the circumstances, future prayer for filing additional pleadings by said functionaries is unlikely to be allowed. I.A. no.11463 of 2022 is disposed of.
Additional DG of Police, Crime Branch, Buxibazar, Cuttack is added as opposite party no.7. Petitioners will file consolidated cause title. I.A. no.11755 of 2022 is allowed and disposed of.
There be service of the writ petition with amended cause title on State through Mr. Sharma. Added opposite party may file counter by 27th September, 2022. Petitioners may file rejoinder by 10th October, 2022.
List on 12th October, 2022.
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