The Orissa High Court in the case Umakant Sahu and Anr. v. State of Odisha and Anr. observed and has issued the contempt notice to the police officer in the rank of Deputy Superintendent of Police, DSP fro not appearing before it through virtual mode despite of previous notice and intimation through Government lawyer.
The single bench headed by Justice Sangam Kumar Sahoo in the case observed and has directed the Director General of Police, DGP in order to ensure the presence of the DSP before the Court on the next date of hearing.
The court in its order stated that the Director General of Police, Odisha shall ensure the personal appearance of the said D.S.P. Sudhakar Sahu before this Court on December 06, 2023.
In the present case, the court was hearing the bail application moved by two persons who are being accused of committing gang rape of a lady belonging to SC or ST category.
The court obserevd that the appellant previously approached the High Court in separate bail applications, which were rejected through a common order giving them the liberty to renew their bail application after examination of the victim in the trial Court.
Therefore, the appellants approached the trial Court for bail and the trial court rejected their bail application on September 08, 2023, wherein the court noted that the charge is yet to be framed and the same is delayed due to non-production of material objects and chemical examination report.
The Trial Court in the case observed and has asked the investigating officer as well as the Special Public Prosecutor to produce the material objects and chemical examination report before it within fifteen days.
The High Court in the case on previous hearing on November 14, 2023 took note of the above observation made by the trial Court and had observed that though two months have elapsed in the meantime, those materials and report are yet to be produced before the trial Court. The court ordered the investigating officer to appear before it through virtual mode on November 21, 2023 for explaining as to why the material objects and the chemical examination report were not handed over to the trial Court despite clear direction.
The court stated that when the matter was taken up for hearing, the counsel appearing for the State appraised the court that despite the instruction of him, the investigating officer expressed his unwillingness to appear before the Court as he has been transferred to a different jurisdiction.
The Additional Standing Counsel, Sonak Mishra appearing for the State informed the court that though he spoke to the officer over telephone and asked him to appear, he turned down such instruction. The said court was being enraged by such contemptuous behaviour of the police officer and went on to order explanation from the police officer, who is presently posted as DSP, Sarankul in the district of Nayagarh.
The court in its order stated that the D.S.P. Sudhakar Sahu shall file show cause as to why proceedings as contemplated under the Contempt Of Courts Act, 1971 shall not be initiated against him for not following the direction of the said court on November 14, 2023 and not appearing through virtual mode in spite of instruction being given by the learned counsel appearing for the State. Accordingly, the court listed the matter for further consideration on December 06, 2023.
The counsel, Advocate Mr. Bhojaraj Seth appeared for the petitioner.
The counsel, Advocate Mr. Sonak Mishra, Addl. Standing Counsel; Mr. Kranti Prabha Mukhi represented the respondent.