TaxTMI 
TaxTMI 
2015 (11) TMI 130
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....rving as Sub Inspector of Schools at Tikiri, offered her accommodation in his own house. It appears that the deceased was sexually harassed by the aforesaid accused which led to a complaint by the deceased before the local police on 18.07.2013. The petitioner alleges that no action on the said complaint was taken by the local police. On 30.07.2013 the deceased had approached the State Women Commission and Odisha Human Rights Commission for intervention but the said bodies did nothing more than to forward her petition to the Superintendent of Police, Rayagada for necessary action. According to the petitioner, on 31.07.2013, the deceased had approached the Director General of Police and on 05.08.2013 she had approached the Superintendent of Police, Rayagada; on the same day she had sent a representation to the Chief Minister of the State. It is also alleged that on the same date i.e. 05.08.2013 the deceased had filed a complaint before the Collector, Rayagada District. According to the petitioner all the aforesaid approaches made by the deceased to different authorities did not yield any result. In the meantime, emboldened by the lack of any action by any authority, some family membe....
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....nvolving the death of Itishree Pradhan, Tikiri P.S. Case No. 92 dated 28.10.2013 has been registered and Netrananda Dandasena was arrested in connection with the said case on 30.10.2013. According to the State, the promotion of Netrananda Dandasena was pursuant to the recommendations of the Departmental Promotion Committee made some time in December, 2012. The dismissal of the Inspector-in-Charge of Tikiri Police Station and an Assistant Sub Inspector attached to the said police station from service; the dismissal of two officials of the Education Department posted at Rayagada and also the dismissal of accused Netrananda Dandasena from service by invoking proviso (b) to Article 311 (2) of the Constitution has also been highlighted as incidents of consequential action taken by the State besides the payment of extra gratia of Rs. 10 lakhs to the parents of the deceased. 4. Shri Suresh Chandra Tripathy, learned counsel for the petitioner has vehemently urged that the present case demonstrates the lack of concern for the rights of a young woman who was compelled by circumstances to accept employment at a place far away from her home. She had bravely resisted the attempts of the accu....
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....s appeared for the State of Odisha, has, at the outset, submitted that the deceased had made three dying declarations. The first dying declaration was recorded at 10.45 p.m. on 27.10.2013 by the Medical Officer of the Public Health Centre at Tikiri, the second was recorded at 1.05 a.m. on 28.10.2013 in the District Headquarter Hospital at Rayagada and the third on the same day before the Tehsildar, Rayagada. The aforesaid three dying declarations are to the same effect, namely, that the deceased was set ablaze by a person whom she did not recognize and before doing so the person had asked her to withdraw the case against accused Netrananda Dandasena, which she refused. It is submitted that the above dying declarations make it clear that two persons are involved in the crime i.e. Netrananda Dandasena and another unknown person who had actually set the deceased ablaze. The learned counsel has submitted that on 22.02.2014 chargesheet had been submitted in Tikiri P.S. Case No. 92/2013 against Netrananda Dandasena under Sections 449/450/302/120-B of the Indian Penal Code and the investigation is being kept open to bring to book the other person who is alleged to have set the deceased ab....
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....sed in her statement had stated that "SI YE" (meaning 'he' in Odiya), amongst others, was responsible for the incident. It is stated that the said expression has been understood to be a reference to C.M. i.e. the Chief Minister. It is further submitted by Shri Rao that there is no material, whatsoever, to even remotely connect the Chief Minister to the incident except the fact that the deceased had submitted a written representation dated 05.08.2013 to the Chief Minister also. Shri Rao has contended that the chargesheet in the case having been filed and the matter being before the Court and furthermore the investigation being kept open under Section 173 (8) Cr.P.C. to bring to book the other culprit there is no reason why the matter should be entrusted to the Central Bureau of Investigation which would virtually amount to reopening of the investigation. In this regard Shri Rao has relied on the judgment of this Court in Disha vs. State of Gujarat and Others (2011) 13 SCC 337 (para 21). 6. From the resume of facts stated above the following events leading to and surrounding the death of Itishree Pradhan would be significant to be taken note of. (i) Prior to her death the decea....
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....gratia payment has been paid to the parents of the deceased which has been duly accepted. 7. Two issues arise for our consideration. The firstwhether after filing of chargesheet under Section 302/120B IPC against the accused Netrananda Dandasena and keeping open the investigation under Section 173 (8) Cr.P.C. there is any justification to entrust further investigation of the case to the Central Bureau of Investigation. Irrespective of the above, the second issue that will require consideration is whether any direction for determination of the liability of any officer or authority of the State who had the occasion to deal with the matter is called for? 8. On the question whether a criminal case in which a charge sheet has been filed by the local/state investigating agency can/should be referred to Central Bureau of Investigation for further investigation there is near unanimity of judicial opinion. In Gudalure M.J. Cherian vs. Union of India2 (1992) 1 SCC 397 and Punjab & Haryana High Court Bar Association vs. State of Punjab (1994) 1 SCC 616, it has held that after the chargesheet is filed the power to direct further investigation by Central Bureau of Investigation should not....
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.... touchstone of high public interest and the need to maintain the Rule of Law. 10. The events relevant to the present adjudication may be conveniently divided into two compartments - one before the death of Itishree Pradhan and the second subsequent thereto. In this regard we would like to say that all human tragedies, man made or natural, may appear to be avoidable. To understand such phenomenon as preordained is an attitude of self-defeat, if not self deception, and therefore must be avoided. At the same time determination of human culpability in not successfully avoiding an event of disaster must be made by the test of exercise of due care, caution and reasonable foresight. This, according to us, is how the events surrounding the case will have to be judged. 11. Insofar as the facts and circumstances following the death of Itishree Pradhan is concerned, in view of the chargesheet filed and the departmental action taken against the erring officials, we do not feel the necessity of any further direction in the matter, at this stage. We are, therefore, inclined to take the view that the power of this Court to refer a matter to Central Bureau of Investigation for further invest....