CUTTACK: Entangled with his son's parole jumping incident and subsequent criminal case filed against him by the Rajasthan Government, the beleaguered senior IPS officer B B Mahanti, a State DGP rank officer on Monday moved the Orissa High Court praying for quashing the FIR lodged against him by the Lalkothi police in Rajasthan.

Protected by an interim bail of the HC that has prevented his arrest by Rajasthan police till February 15, the Home Guard and Fire Services DGP in a fresh writ petition seeking protection under Article 226 of the Constitution, has urged the HC to quash the FIR filed against him by Rajasthan police in December last year. Another bench of the HC is also currently adjudicating an anticipatory bail petition of Mahanti.

The criminal case was filed in connection with "disappearance" of his son Bitihotra who has jumped parole while serving a seven-year jail term in Rajasthan capital Jaipur for raping a German tourist.

Mahanti allegedly stood as a surety with a bail bond of Rs 50,000 to take his son on parole.

Charges denied

The senior IPS officer, who has already defied two summon notices issued to him by Rajasthan police in the case, has also prayed to the HC to stop the proceedings arising out of the case filed against him under Sections 120, 130 and 216 of IPC for allegedly aiding, abetting and harbouring his son.

"After going through a copy of the FIR we are of the opinion that the there is no legality in the case. The ingredients of the offence have not been fulfilled in the FIR", said Mahanti's counsel Debashis Panda. The petitioner has denied the charges levelled against him and has stated that at no point of time he has visited Jaipur in November last year to take his son on parole.

A single-judge bench of the HC comprising Justice A S Naidu adjudicating the case adjourned the hearing of the matter to next week and directed the petition-advocate to serve a copy of the writ petition on the counsel who is appearing on behalf of the Rajasthan Government in Mahanti's anticipatory bail case which is now being taken up by another bench of the HC. He had moved the advance bail petition apprehending his arrest as two local lawyers Prasanna Kumar Parhi and Gyanalok Mohanty are representing Rajasthan Home Secretary to oppose the IPS officer's anticipatory bail. Although, the maintainability of the case has not yet been ascertained, the HC had earlier directed the Rajasthan police not to arrest Mahanti till February 15, when the case would be heard next.

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