Nilima Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No. 1532 OF 2022 Ninima Mohanty .........

Petitioner Mr. S. Pattnaik, Advocate -versusState of Odisha & others ............

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

CORAM:

JUSTICE BISWAJIT MOHANTY

ORDER

24.08.2022 Order No.

01.

1.

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

At the outset, on oral prayer of Mr. Pattnaik, he is permitted to correct the description of the petitioner in the cause title. 3.

According to Mr. Pattnaik, the grievance of the petitioner in this case pertains to non-registration of his complaint dated 05.04.2022 under Annexure-2 as F.I.R. by the I.I.C., of Cyber Police Station, Cuttack (Opposite Party No.5) though the same discloses commission of cognizable offences. Against such inaction, though the petitioner has approached the Deputy Commissioner of Police, Cuttack (Opposite Party No.3) by sending a grievance petition dated 04.07.2022 under Annexure-3 Series through Registered Post on the same date, however, till date no action has been taken on the same. In such background, he prays that necessary direction be given to the Opposite Party No.3 to take a decision on the said grievance petition within a specific time period.

4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Deputy Commissioner of Police, Cuttack (Opposite Party No.3) to take a decision on the grievance petition dated 04.07.2022 under Annexure-3 Series in accordance with law keeping in the mind the decision of the Supreme Court in the case of Lalita Kumari v. Govt. of U.P. & Others reported in AIR 2014 SC 187 within a period of four weeks from the date of production of certified copy of this order, if in the meantime, the same has not been already disposed of. The petitioner is directed to supply copies of the complaint under Annexure-2 as well as grievance petition under Annexure-3 Series to the Deputy Commissioner of Police, Cuttack (Opposite Party No.3) while presenting a certified copy of this order. Opposite Party No.3 is directed to communicate the result of such exercise to the petitioner.

5.

The CRLMP is accordingly disposed of.

6.

Urgent certified copy of this order be granted as per rule. ( Biswajit Mohanty ) Judge Balaram