Laxmi Priya Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.2032 of 2022 Laxmi Priya Behera ....

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

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

17.10.2022 01.

1.

Heard Mr. J.S. Samal, learned counsel appearing on behalf of Mr. A.K. Mohapatra, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel. 2.

According to Mr. Samal, the grievance of the petitioner in this case pertains to non-registration of his complaint dated 25.03.2022 under Annexure-1 as F.I.R by the I.I.C., Barang Police Station, Cuttack (Opposite Party No.4) though the same reveals commission of cognizable offences. Despite receipt of complaint under Annexure-1, when nothing was done by Opposite Party No.4, the petitioner sent a grievance petition dtd. 12.09.2022 to the Deputy Commissioner of Police, Cuttack (Opposite Party No.3) under Annexure-2. Further when nothing was done, the petitioner sent copies of complaint under annexure-1 and along with grievance petition under Annexure-2 to the Opposite Parties 4 and 3 respectively on 19.09.2022 by Registered Post. 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, Cuttack (Opposite Party No.3) 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 (Opposite Party No.3) to take a decision on the grievance petition dated 12.09.2022 under Annexure-2 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 copy of this order, if in the meantime, the same has not already disposed of. The petitioner is directed to supply copies of the complaint under Annexure-1 as well as grievance petition under Annexure-2 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. 4.

The CRLMP is accordingly disposed of.

5.

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