Tilottama Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.2368 of 2021 Tilottama Mohanty ....

Petitioner Mr. Sidheswar Mohanty, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. T.K. Praharaj, Standing Counsel.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.01.2022 02.

1.

This matter is taken up through Video Conferencing Mode. 2.

Heard Mr. Sidheswar Mohanty, learned counsel appearing for the Petitioner and Mr. T.K. Praharaj, learned Standing Counsel for the State.

3.

Challenging the inaction of the police, the present CRLMP petition has been filed by the Petitioner seeking a direction to the police to register the complaint lodged by the Petitioner and to take up instigation.

4.

Mr. Praharaj, learned Standing Counsel for the State submits that on preliminary enquiry, it has been found by the police that the allegation made by the petitioner pertaining to a dispute in civil in nature.

5.

Having heard learned counsel for both the parties, this Court of the considered opinion that the police authorities have to take action in view of the law laid down by the Hon'ble Supreme Court in the

// 2 // case of Lalita Kumari vrs. Government of U.P. reported in (2014) 2 SCC 1.

6.

In such view of the matter, let the Petitioner be approached before the Superintendent of Police, Puri-Opposite Party No.3 within a period of two weeks from today along with authenticated copy of this order. The Opposite Party No.3 is directed to examine the complaint lodged by the Petitioner and in the event it is found that the same discloses cognizable offence, action as directed by the Hon'ble Supreme Court in the case of Lalita Kumari (supra). 7.

However, it is made clear that this Court does not express any opinion on the merits of the case.

8.

With the aforesaid observation, the CRLMP is disposed of. 9.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. Jagabandhu ( A.K. Mohapatra) Judge