Bhagirathi Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.23 of 2022 Bhagirathi Behera ....

Petitioner Mr. P.K. Nayak, Advocate -versusState of Odisha & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

12.01.2022 01.

Prasant 1.

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

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

According to the learned counsel for the petitioner, the grievance of the petitioner in this case pertains to nonregistration of his complaint dated 27.12.2021 under Annexure-1 as F.I.R. presented before the I.I.C., Town Police Station, Dhenkanal (opposite party No.3) though the same reveals commission of cognizable offences. Despite receipt of complaint under Annexure-1, when nothing was done by opposite party No.3, a copy of the same was sent to opposite party No.3 by registered post on the same day. He further submits that though against such inaction, the petitioner has approached the Superintendent of Police, Dhenkanal (opposite party No.2) on 30.12.2021 by filing a grievance petition vide Annexure-2 through registered post, however, till date no action has been taken on the same. In such background, he prays that

// 2 // a direction be issued to the Superintendent of Police, Dhenkanal to take a decision on the grievance petition of the petitioner 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, Dhenkanal to take a decision on the grievance petition 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 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 27.12.2021 under Annexure-1 as well as grievance petition under Annexure-2 to opposite party No.2 while presenting a copy of this order.

5.

Accordingly, this CRLMP is disposed of.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

( Biswajit Mohanty) Judge