HC quashes plea of wife against criminal trial in forest officer death case
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Justice Sibo Sankar Mishra, in his judgment on July 3, disposed of Panda's plea challenging the April 19, 2023, order of the SDJM court in Gajapati district's Paralakhemundi, which had taken cognisance of a murder complaint filed by Mohapatra's father and summoned Panda along with two others — family cook Manmath Kumbha and then divisional forest officer (DFO) Sangram Kesari Behera.
Mohapatra had sustained 90% burn injuries under mysterious circumstances at his govt quarters in Paralakhemundi on the night of July 11, 2021, and died two days later while undergoing treatment in Cuttack.
His father, Abhiram Mohapatra, had alleged foul play and accused the three of murder. Though the crime branch gave a clean chit to all accused, the SDJM court had reopened the case based on a protest petition and additional evidence submitted by the complainant.
Panda moved the HC under Section 482 of CrPC seeking quashing of the proceedings. However, the HC said the case involved "competing versions" and "disputed questions of fact" that should be tested during trial.
"This court is conscious of the fact that the proceedings are at a nascent stage," Justice Mishra said, adding, "Detailed appreciation of evidence and consideration of the petitioner's defence can only take place during trial. Hence, this court is reluctant to intervene at this stage."
The HC clarified that the petitioner is free to approach the trial court with a discharge petition. "If such an application is filed, the trial court shall consider all grounds raised in this petition without being influenced by this court's observations," the order said.
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Justice Mishra also held that the trial court's order could not be faulted simply because it lacked detailed reasoning. "At the stage of issuing process, the magistrate is mainly concerned with allegations made in the complaint and supporting evidence," he observed. The case will now proceed to trial, where the accused will have the opportunity to present their defence.
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