Duari Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.24067 OF 2022 Duari Bhoi ....

Petitioner(s) Mr.L.Bhoi,Adv.

-versusState of Odisha and others ....

Opposite Party(s) Mr.U.K.Sahoo,ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

26.09.2022 02.

1.

Heard learned counsel for the Parties.

2.

Instruction memo filed by learned State Counsel be kept on record.

3.

The Writ Petition involves the following prayer:- "It is therefore prayed that your Lordship would be graciously pleased to admit this petition, issue notice to the Opp. Parties especially O.P. No.3 to Show-cause and if they/he fail/s to Show cause or Show/s insufficient cause, be pleased to pass an order directing the Opp. Parties especially O.P. No.3 to dispose of the application made for 'incentive' for atrocity to the victim petitioner within a stipulated period of time;

And/or pass any other suitable order/s.

direction/s deems fit and proper;

And for this act of kindness the petitioner as in duty bound shall ever pray."

4.

In course of hearing memo has been filed in Court today indicating that after investigation the police authority has found the allegation involving which there is claim of incentive to be absolutely false and there is also submission of final form in F.I.R as false under Section 294, 323, 427, 506, 34 of IPC read with Section 3(1)(r)(s)/

// 2 // 3(2)(va) of SC & ST (PA) Act vide Niali P.S. FF No.113 dated 29.04.2022 by the concerned IIC.

5.

In view of such development this Court finds Petitioner is not entitled to any incentive unless there is improvement in the criminal matter through criminal proceeding, if any.

(Biswanath Rath) Judge Swarna