Swastik Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1305 of 2022 Swastik Kumar Sahu ....

Petitioner Mr. B. K. Behera, Advocate -versusState of Odisha & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

29.07.2022 01.

1.

Heard Mr. Behera, learned counsel for the petitioner and Mr. Mohanty, learned Additional Standing Counsel. On oral prayer, Mr. Behera is permitted to correct the description of opposite party No.3 in the cause title in Court today.

2.

According to Mr. Behera, the grievance of the petitioner in this case pertains to non-registration of his complaint dated 08.10.2021 under Annexure-1 as F.I.R. by the I.I.C., Basta Police Station (opposite party No.3) though the same reveals commission of cognizable offences. Despite receipt of complaint under Annexure-1, 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 15.11.2021 to the Superintendent of Police, Balasore (opposite party No.2) under Annexure-2 through speed post on the same day, however, till

// 2 // date no action has been taken on the same. In such background, he prays that a direction be issued to the Superintendent of Police, Balasore 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 Superintendent of Police, Balasore to take a decision on the grievance petition dated 15.11.2021 of the petitioner under Annexure-2 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 08.10.2021 under Annexure-1 as well as grievance petition dated 15.11.2021 under Annexure-2 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