Petitioner sought directions for protection of life and property. Bench noted petitioner's absence and held the writ petition is not maintainable as remedy lies in Cr.P.C., granting liberty to avail statutory remedy based on Sakiri Vasu.
Liberty granted to petitioner to avail remedy under the statute.
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W.P.(Crl.) No. 725 of 2012
01.09.2017 None appears for the petitioner even on revised call.
Mr. B.P. Pradhan, learned Addl. Govt. Advocate is present.
The petitioner has filed this application seeking direction to the DCP, Bhubaneswar an
d I.I.C., Infocity Police Station to provide protection to her life and property.
Mr. B.P. Pradhan, learned Addl. Standing Counsel contended that in view of the judgmen
t of the apex Court in Sakiri Vasu v. State of U.P. and others, (2008) 39 OCR (SC) 287, since
adequate remedy is available in the Cr. P.C., instead of availing the same, the petitioner cou
ld not have approached this Court by filing the instant case.
Considering the contention raised by learned counsel for the parties, this W.P.(Crl.)
is disposed of granting liberty to the petitioner to avail the remedy under the statute in vie
w of the law laid down by the apex court in Sakiri Vasu (supra).
The W.P.(Crl.) is disposed of with the aforesaid liberty.
(DR. B.R. SARANGI) JUDGE
1 issue framed by the court
Whether the petitioner could approach this Court for protection when adequate remedy lies in Cr.P.C.
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of U.P. and othersReferred¶3
Sakiri Vasu v. State of U.P. and others, (2008) 39 OCR (SC) 287
1 provisions across 1 enactments
None
State of Odisha (represented by Addl. Govt. Advocate/Addl. Standing Counsel)
DR. B.R. SARANGI
As recorded by the court registry
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