Namita Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.9 of 2022 Namita Nayak ....

Petitioner Mr. B.Tripathy, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D.K.Mohanty, Additional Standing Counsel

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

07.01.2022 01.

kishore 1.

This matter is taken up through video conferencing mode. 2.

Heard Mr.B.Tripathy, learned counsel for the petitioner and Mr. D.K.Mohanty, learned Additional Standing Counsel. 3.

According to learned counsel for the petitioner, the grievance of the petitioner in this case pertains to nonregistration of her complaint dated 12.12.2021 under Annexure-1 as F.I.R. by the I.I.C., Mahakalpada Police Station (opposite party No.3) though the same reveals commission of cognizable offences. According to him, when despite receipt of the complaint under Annexure-1, the opposite party No.3 did not take any action, the petitioner sent a copy of the complaint to the said opposite party through speed post on 27.12.2021. Further as there was no response from opposite party No.3, the petitioner sent a grievance petition dated 28.12.2021 to the Superintendent of Police, Kendrapada (opposite party No.2) under Annexure-2 through speed post on the same date, however till date no action has been taken on the same. In such

// 2 // background, he prays that necessary direction be given to the opposite party No.2 to take a decision on the said grievance petition within a specific time period.

4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Superintendent of Police, Kendrapada (opposite party No.2) to take a decision on the grievance petition dated 28.12.2021 of the petitioner under Annexure-2 in accordance with law keeping in mind the decision of the Supreme Court in the case of Lalita Kumari Vs. State of U.P. & Others reported in AIR 2014 SC 187 within a period of four weeks from the date of receipt of a certified copy of this order, if in the meantime, the same has not been disposed of and communicate the result of such exercise to the petitioner. The petitioner is directed to supply copies of the complaint dated 12.12.2021 under Annexure-1 as well as grievance petition under Annexure-2 to the Superintendent of Police, Kendrapada while presenting a certified copy of this order.

5.

Accordingly, this CRLMP is disposed of.

6.

Urgent certified copy of this order be granted on proper application.

( Biswajit Mohanty) Judge