Babaji Charan Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP NO.2466 OF 2022 Babaji Charan Sahoo ....

Petitioner Mr.Niranjan Lenka, Adv.

-versusState of Odisha & Ors.

....

Opp.Parties Mr.G.R.Mohapatra,ASC

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

20.12.2022 01.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner has filed this petition challenging the inaction of the IIC Infocity Police Station, Bhubaneswar in registering the FIR lodged by the petitioner though the cognizable offences have been made out.

4. During course of hearing, it is submitted that the present dispute as raised in the CRLMP pertains to Allotment Agreement between the petitioner and the opposite party No.6/ Builder.

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5. Though there is a provision of Arbitration Clause provided in the Contract but the present dispute does not come within the purview of the Arbitration Act.

6. In view of the above, the present petitioner is granted liberty to approach the Inspector In-charge, Infocity Police Station, Bhubaneswar with fresh application within a period of one week from today and the said IIC shall take a decision on the written report in accordance with law, keeping in mind the decision of the Supreme Court in the case of Lalita Kumari v. Govt. of U.P. & Others1 within a period of four weeks from the date of production of certified copy of this order, if cognizable offences are made out.

7. Accordingly, this CRLMP is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Dr. S.K. Panigrahi) Judge LB 1 AIR 2014 SC 187