District Acquittal Review Committee-Prosecution
This is to file a complaint petition before the District Acquittal Review Committee ( constituted as per the guidelines of the apex court given in the State Of Gujarat Vs Kishan bhai, 2014 ) Odisha against the Public prosecutor of the S.T. No. 113 of 2021, arising out the Katarbagh PS crime No. 147 of 2021 as the slopy prosecution resulted in the acquittal of the accused from the charges.
01. That the slopy prosecution resulted in the acquittal, and the complainants, being the practicing lawyers of the Hon’ble Orissa High Court, have reason to believe that the same had been done under a deep-rooted criminal conspiracy, intentionally, dishonestly, fraudulently, and for the wrongful gain, and the deceitful means have caused injury to many.
02. That, The charge-sheet was filed on the instigation of the members of the prosecution department as the members of the district prosecution department and police are conducting monthly meeting under the leadership of the PS where the members of the prosecution department participating in the meeting instigation the police and IOs to collect those evidence only which should suit to the prosecution case thus the acts and omission was violation of the constitutional provision of the Article 50 which mandates for the separation of the judiciary from the executive.
03. That the acts and omissions of the police department are also a violation of the guidelines of the apex court issued in the case of STATE OF MAHARASTRA VS SURENDRA PUNDARIK GADLING, 2019 5 SCC 178, which mandates that the prosecution department is not a part of the investigating agency but an independent one but since incompetent, impotent and powerless people are appointed for the prosecution of the Govt. cases violating the provision of the Odisha State Litigation Policy-2011.
So, the Directorate of PP is prayed to take urgent cognizance into the matter as per the direction of the Apex court and compensate the aggrieved parties adequately.