Durga Pr.Mishra v. State and Ors.
Case brief
What is this about?
Petitioner sought direction to investigate a police case properly and arrest accused. Court held that since adequate remedy exists under Cr.P.C. per Sakiri Vasu, petition is disposed of without granting relief.
What did the court decide?
Liberty granted to avail remedy under Cr.P.C.; no other relief.
What the court decided
A compact analysis
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WPCRL No. 581 of 2012
08.09.2017
None appears on behalf of the petitioners even on revised call.
Mr. B. Bhuyan, learned Addl. Government Advocate for the State is present.
Perused the record. The petitioner files this application seeking for a direction to o
pposite party no.3 to investigate the case properly and arrest the accused/opposite party no.4
and further seeking for a direction to opposite party no.2 to take necessary action for fair
investigation of the case in connection with Tarsing P.S. Case No. 50 of 2012.
Mr. B. Bhuyan, learned Addl. Government Advocate for the State states that in view of
the judgment passed by the apex Court in Sakiri Vasu v. State of U.P. and others, (2008) 39 OC
R (SC) 287 since adequate remedy is available in the Cr.P.C., instead of availing the same, th
e petitioner has approached this Court by filing this application.
In view of the above, this Court disposes of this WPCRL petition granting liberty to t
he petitioner to avail the remedy available under the statute in view the law laid down by the
apex Court in Sakiri Vasu (supra).
Dr. B.R. Sarangi, J
Ajaya
Issues for consideration
1 issue framed by the court
Whether the petitioner can be directed to investigate the case and arrest the accused given adequate remedy under Cr.P.C.
Parties & counsel
- petitioner
None
- respondent
State of Orissa
- respondent
Opposite party no.2
- respondent
Opposite party no.3
- respondent
Accused/Opposite party no.4
Case details
As recorded by the court registry
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