Narayan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.2365 of 2021 Narayan Behera & others ....

Petitioners Mr. P.K.Panda, Advocate -versusState of Odisha & others ....

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

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

04.01.2022 01.

kishore 1.

This matter is taken up through video conferencing mode. 2.

Heard Mr.P.K.Panda, learned counsel for the petitioners and Mr. D.K.Mohanty, learned Additional Standing Counsel. 3.

According to learned counsel for the petitioners, the grievance of the petitioners in this case pertains to nonregistration of their complaint dated 22.11.2021 under Annexure-1 as F.I.R. by the I.I.C., Simulia Police Station (opposite party No.3) though the same reveals commission of cognizable offences. He further submits that though against such inaction, the petitioners have approached the Superintendent of Police, Balasore (opposite party No.2) on 2.12.2021 by filing a grievance petition vide Annexure-2 series sent 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 directions be issued to opposite party Nos.2 & 3 for registration of the complaint of the petitioner as F.I.R. within a specific time period.

// 2 // 4.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs the Superintendent of Police, Balasore (opposite party No.2) to take a decision on the grievance petition dated 2.12.2021 of the petitioners under Annexure-2 series in accordance with law keeping in mind the decision of the Supreme Court in the case of Lalita Kumari Vs. State of U.P. & Others reported in AIR 2014 SC 187 within a period of four weeks from the date of receipt of a certified copy of this order, if in the meantime, the same has not been disposed of and communicate the result of such exercise to petitioner No.1.The petitioners are directed to supply copy of the complaint dated 22.11.2021 under Annexure-1 as well as copy of grievance petition dated 2.12.2021 under Annexure-2 series to opposite party no.2 while presenting a certified copy of this order. 5.

Accordingly, this CRLMP is disposed of.

6.

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

( Biswajit Mohanty) Judge