Cuttack: The Orissa High Court has declined to quash the cognizance order passed by the SDJM, Paralakhemundi, under Sections 302 and 120-B IPC against Bidyabharati Panda, widow of assistant conservator of forest (ACF) Soumya Ranjan Mohapatra who died under mysterious circumstance at Paralakhemundi in July 2022.
“The inherent power under Section 482 CrPC should be exercised sparingly and only in exceptional circumstances where continuation of proceedings would amount to abuse of process or where no prima facie case is made out,” the July 3 order stated.
The court observed that the petitioner, the deceased’s wife, was already being tried under IPC Sections 285 and 304-A for the same incident. However, it held that the allegations under Sections 302 and 120-B, raised in a separate complaint, could not be dismissed at this early stage, as they involved distinct factual issues needing detailed scrutiny. “The present proceedings are still at the nascent stage of cognizance. The detailed appreciation of evidence and consideration of the petitioner’s defence can only take place during trial. Therefore, this court is reluctant to give indulgence to the petitioner at this stage.”
Due to conflicting accounts and disputed facts, the High Court deemed it suitable for the trial court to thoroughly evaluate the evidence. It, however, moted that the petitioner is free to pursue remedies like seeking discharge before the trial court, which should assess such requests independently, unaffected by the High Court’s remarks.
Abhiram Mohapatra, father of Soumya Ranjan, filed a petition in the SDJM court, Parlakhemundi, alleging that his son had been murdered. Nearly two years later in April 2023, the SDJM took cognizance of the murder complaint stating that a prima facie case is well made under Section 302 (murder) and 120 (B) (criminal conspiracy) against Bidyabharati, former Paralakhemundi Divisional Forest Officer (DFO) Sangram Behera and cook Manmath Kumbh.
The High Court order has now paved the way for all three accused to face trial on charges of murder and criminal conspiracy.
Notably, the incident reportedly took place on the night of July 11 in 2022, when ACF Mohapatra suffered severe burn injuries at his residence while his wife was reportedly present. He was initially admitted to MKCG Medical College and Hospital in Berhampur with 90 per cent burn. He later succumbed to the burn injuries during treatment at a private hospital in Cuttack.
