DGP Mohanty challenges FIR in Orissa HC

Cuttack, Feb 12 (UNI) Orissa Director General of Police (Home Guard and Fire Services) B B Mohanty today challenged the validity of the FIR filed against him by the Lalkothi Police Station in Jaipur for facilitating his son Bitti Mohanty, convicted in the Alwar rape case, jump the parole.

Senior Advocate Jagannath Pattnaik who argued before Mr Justice A S Naidu said since the DGP has been charged in the FIR for facilitating his son's jump parole and bringing him to Cuttack, the cause of the action would be in Cuttack and not in Jaipur.

The Lalkothi Police station has registered an FIR against Mr Mohanty under section 120 and 130 of the IPC for conspiring and facilitating his son's, a state prisoner, to escape from the jail.

Mr Pattnaik further said since the DGP was not a witness, he could not be summoned under 160 Cr P C and prayed the court to quash the FIR and the proceedings arising out of it.

Mr Justice Naidu who heard the case, posted the matter next week and ordered that a copy of the petition filed by Mr Mohanty be served to the counsel appearing on behalf of Rajasthan police.

The Orissa High Court, which had earlier granted interim protection to the DGP from being arrested by the Rajsthan police till February 5, had extended the protection till February 15 as counsel P K Padhi, appearing on behalf of the Rajsthan police had sought a week's time to produce the case diary and other records called by Mr.Justice L K Mohapatra.

The Additional District Magistrate of Jaipur had issued a warrant of attachment against Mr Mohanty and directed the Orissa Chief Secretary to attach his property if he failed to deposit the surety bond of Rs 50,000 within 15 days.

The warrant has been issued against the DGP for allegedly aiding his son Bitti, sentenced to seven years jail term by a fast track court in Jaipur for raping a German lady, jump parole on December 4 last.

Bitti lodged in Jaipur central jail, was granted parole and was supposed to report on December 4 last but he failed to do so and went untraced. His father has been maintaining that he has no idea about the whereabouts of his son and that he had not signed the parole bond.

The Rajsthan police, on the other hand, had been alleging that the DGP had released his son on parole after furnishing necessary document. They arrived here in December and again in January to trace Bitti but failed on both the occasions and returned empty handed.

UNI