Hadibandhu Dalei v. The Sp, Cuttack Rural,

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.138 of 2022 Hadibandhu Dalai ....

Petitioner Ms. B.Sahoo, Advocate -versus- ....

Opp. Parties The Superintendent of Police, Cuttack Rural and another Mr. S.K. Samal, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

07.02.2022 01.

Prasant 1.

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

Heard Ms. B. Sahoo, learned counsel for the petitioner and Mr. S.K. Samal, learned Additional Government Advocate. 3.

According to Ms. Sahoo, the grievance of the petitioner in this case pertains to non-registration of his complaint dated 23.11.2021 under Annexure-1 as F.I.R. by the I.I.C., Gurudijhatia Police Station (opposite party No.2) though the same reveals commission of cognizable offences. She further submits that though against such inaction, the petitioner has approached the Superintendent of Police, Cuttack Rural (opposite party No.1) on 24.12.2021 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, she prays that necessary directions be issued to opposite party Nos.1 & 2 for registration of the complaint of the petitioner as F.I.R. within a specific time period.

// 2 // 4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the I.I.C., Gurudijhatia Police Station (opposite party No.2) to take a decision on the complaint dated 23.11.2021 of the petitioner under Annexure-1 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 copy of the complaint dated 23.11.2021 under Annexure-1 to opposite party no.2 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