← Library
Orissa High CourtCRLMP/27/2022disposed off

Abhimanyu Patra v. State Of Odisha

2022-01-18Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.27 of 2022 Abhimanyu Patra ....

Petitioner Mr. Pramod Kumar Mishra, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. T.K. Praharaj, Standing Counsel for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.01.2022 Order No.

01.

1.

This matter is taken up through Video Conferencing mode. 2.

The present CRLMP has been filed with a prayer to direct the Opposite Party No.3 to register the F.I.R. in 1CC No.08 of 2021 filed by the Petitioner. It is further submitted that learned J.M.F.C., Rajnagar on 23.04.2021 has forwarded the same to Opposite Party No.3 by exercising the power under Section 156(3) of Cr.P.C. The sole allegation of the Petitioner is that the I.I.C., Rajnagar P.S., Kendrapara-Opposite Party No.3 is not registering any F.I.R. on the basis of the order dated 23.04.2021 passed by the leaned J.M.F.C., Rajnagar.

3.

Mr. Praharaj, learned Standing Counsel for State submits that Opposite Party No.3 is required to register the F.I.R. as per the direction of learned J.M.F.C., Rajnagar. If no F.I.R. has been registered in spite of the order of the court below, necessary direction may be issued to Opposite Party No.3 to register the FIR.

// 2 // 4.

In such view of the matter, the CRLMP stands disposed of with a direction to Opposite Party No.3 to register the F.I.R. arising out of 1CC No.8 of 2021, pursuant to order dated 23.04.2021 issued under Section 156(3) Cr.P.C. by the learned J.M.F.C. Rajnagar within a period of two months from the date of production of authenticated copy of this order. It is needless to mention here that after registration of the F.I.R., the concerned I.I.C. shall take up the investigation of the case.

5.

With the aforesaid direction, the CRLMP stands disposed of. 6.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out 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 Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(A.K. Mohapatra) Judge U.K.Sahoo