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Orissa High CourtCRLMP/1018/2022disposed off

Bhabani Sankar Das v. State Of Odisha

2022-06-24Mr. Justice Biswajit Mohanty2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1018 of 2022 Bhabani Sankar Das ....

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

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

24.06.2022 01.

1.

Heard Mr. Tripathy, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 2.

According to Mr. Tripathy, the grievance of the petitioner in this case pertains to non-registration of his complaint dated 05.05.2022 under Annexure-1 series as F.I.R. by the I.I.C., Madhupatana Police Station (opposite party No.3) though the same reveals commission of cognizable offences. Despite receipt of complaint under Annexure-1 series, when nothing was done by opposite party No.3, a copy of the said complaint was sent to the said opposite party by speed post on the same day. He further submits that when no tangible action was taken by the opposite party No.3, the petitioner sent a grievance petition dated 13.05.2022 to the Deputy Commissioner of Police, Cuttack (opposite party No.2) under Annexure-3 series through speed post on the same day, however, till date no action has been taken on the same. In such background, he prays that a direction be issued to the Deputy Commissioner of Police,

// 2 // Cuttack to take a decision on the grievance petition of the petitioner within a specific time period.

3.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Deputy Commissioner of Police, Cuttack to take a decision on the grievance petition dated 13.05.2022 of the petitioner under Annexure-3 series 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 05.05.2022 under Annexure-1 series as well as grievance petition dated 13.05.2022 under Annexure-3 series to opposite party No.2 while presenting a certified copy of this order. 4.

Accordingly, this CRLMP is disposed of.

5.

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

Prasant ( Biswajit Mohanty) Judge