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Orissa High CourtCRLMP/161/2022disposed off

Harsamani @ Durgamani Behera v. State Of Odisha

2022-02-09Mr. Justice Biswajit Mohanty2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.161 of 2022 Harsamani @ Durgamani Behera ....

Petitioner Mr. P.R. Chhatoi, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. S.K. Samal, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

09.02.2022 01.

Prasant 1.

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

Heard Mr. P.R. Chhatoi, learned counsel for the petitioner and Mr. S.K. Samal, learned Additional Government Advocate. 3.

According to Mr. Chhatoi, the petitioner is aggrieved by the non-registration of her complaints dated 17.07.2021 and 25.10.2021 under Annexure-3 series as F.I.Rs. by the I.I.C., Kakatpur Police Station (opposite party No.3) though the same reveal commission of cognizable offences. He further submits that on an earlier occasion also when the police authorities refused to register the complaint of the petitioner dated 25.06.2021 as F.I.R., she was compelled to move this Court in CRLMP No.1047 of 2021 and as per the order dated 16.07.2021 passed in that CRLMP, Kakatpur P.S. Case No.189 dated 16.08.2021 was registered.

4.

During course of hearing, Mr. Chaatoi submits that liberty may be granted to the petitioner to move the Superintendent of Police, Puri (opposite party No.2) in the matter by filing a

// 2 // grievance petition vis-à-vis non-registration of complaints dated 17.07.2021 & 25.10.2021 under Annexure-3 series and the said opposite party be directed to take a decision on such motion within a specific time period.

5.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file a grievance petition before opposite party No.2 through registered post within a period of two weeks from today. In the event, such a petition is filed along with a certified copy of this order, the opposite party No.2 is directed to take a decision on the same 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 such grievance petition and communicate the result of such exercise to the petitioner.

6.

Accordingly, this CRLMP is disposed of.

7.

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

( Biswajit Mohanty) Judge