Sonali Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP NO.2079 OF 2022 Sonali Mohapatra ....

Petitioner Mr.Sankaracharya Choudhury, Advocate -versusState of Odisha & Others ....

Opposite Parties, Mr.S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

31.10.2022 Order No.

02.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

The Petitioner by filing this Application has invoked the jurisdiction of this Court under Articles 226 & 227 of the Constitution of India in advancing the following prayers:- (i) to direct the Opposite Party Nos.2 and 3 to obey the order dated 30.06.2022 passed by the learned J.M.F.C., City Cuttack in G.R. Case No.1492 of 2021 for further investigation in connection with UPD Cuttack Madhupatna P.S. No.263 dated 08.11.2021;

(ii) to direct the Opposite Party Nos.2 and 3 to conduct a fair investigation and to arrest the accused persons, namely, Pramila Das (mother of accused Chinmaya Kumar Das) and Arup Kumar Das; and (iii) to direct the Court below for expeditious disposal of G.R. Case No.1492 of 2021.

3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

4.

Keeping in view the submissions made and on going through the averments taken in the petition as also the annexed documents; it is seen that the Petitioner having lodged the information at

// 2 // Madhupatna Police Station, P.S. Case No.263 of 2021 has been registered against one Chinmaya Kumar Das, his mother and Arup Kumar Das for commission of offence under sections 493,417,420,406,294,506/34, I.P.C. It further reveals from the ordersheet of the learned J.M.F.C., City Cuttack in G.R. Case No.1492 of 2021 that the police on completion of investigation of the aforesaid case had filed charge-sheet and on the move of this Petitioner, learned Court in seisin of the case after hearing has directed for further investigation and submission of the report in continuance of the charge-sheet already filed. This order has been passed on 30.06.2022 and it is stated that as yet the report in compliance to the above said order has not been submitted.

5.

In the above state of affair, this application stands disposed of with the observation that the Petitioner, if so advised may raise her grievances before the learned Court in seisin of G.R. Case No.1492 of 2021 for their redressal in accordance with law. Issue urgent certified copy as per rules.

(D. Dash), Judge.

Himansu