Bishnupad Sahoo v. S.P. Of Kendrapara

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1172 of 2022 Bishnupad Sahoo ....

Petitioner Mr. P.K.Kar, Advocate -versusSuperintendent of Police, Kendrapara & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

25.07.2022 01.

kishore 1.

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

At the outset on oral prayer Mr.Kar, learned counsel for the petitioner is permitted to implead State of Orissa as opposite party No.3 in Court today.

3.

According to learned counsel for the petitioner, the grievance of the petitioner in this case pertains to nonregistration of his complaint dated 1.2.2022 under Annexure-1 as F.I.R. by the I.I.C., Talchuan Marine Police Station (opposite party No.2) though the same reveals commission of cognizable offences. According to him, when despite receipt of the complaint under Annexure-1, the opposite party No.2 did not take any action, the petitioner sent a copy of the complaint to the said opposite party through registered post on the same date.

4.

During course of hearing, Mr. Kar submits that liberty

// 2 // may be granted to the petitioner to move the Superintendent of Police, Kendrapara (opposite party No.1) in the matter by filing a grievance petition and the said opposite party be directed to take a decision on such motion at an early date. 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.1 through registered post within a period of two weeks from today. In the event, such a petition is received along with a copy of this order, the opposite party No.1 would do well 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. The petitioner is directed to supply copy of the complaint dated 1.2.2022 under Annexure-1 to opposite party no.1 while filing the grievance petition. 6.

Accordingly, this CRLMP is disposed of.

7.

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

( Biswajit Mohanty) Judge