The court granted liberty to the petitioner to file a grievance petition with the Superintendent of Police within two weeks, directing the respondent to decide on the FIR registration issue within four weeks, citing Lalita Kumari without expressing an opinion on merits.
Liberty granted to file grievance petition; respondent given 4 weeks to decide.
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CRLMP No.1234 of 2019
Pursuant to order dated 17.09.2019, Mr. Chhatoi, learned counsel for the petitioner files an affidavit enclosing the certified copy of entire order sheet in C.M.C. No.540 of 2018 pending in the court of learned J.M.F.C., Bhubaneswar in support of his contention that no residence order has been passed there against the petitioner. The same be tagged to the records.
Heard learned counsel for the petitioner and Mr. Pattnaik, learned Additional Government Advocate.
According to learned counsel for the petitioner, the grievance of the petitioner in this case pertains to non-registration of his complaint dated 24.08.2019 under Annexure-5 as F.I.R. by the I.I.C., Binjharpur P.S., (opposite party No.3) though the same reveals commission of cognizable offences.
Mr. Pattnaik submits that instead of approaching the Superintendent of Police, Jajpur (opposite party No.2), the petitioner has unnecessarily rushed to this Court. In such background, learned counsel for the petitioner submits that liberty may be granted to the petitioner to move opposite party No.2 in the matter and the said opposite party be directed to take a decision on the same within a specific time period.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to move the opposite party No.2 by filing a grievance petition though registered post within a period of two weeks from today. In the event, such petition is filed along with the certified copy of this order, the said opposite party would do well to take a decision on the same in accordance with law keeping in mind the decision of the Hon’ble 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 filing
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of such representation. The petitioner be intimated about the result of such exercise.
Accordingly, this CRLMP is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………….….…..
Biswajit Mohanty,J.
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Lalita Kumari Vs. State of U.P. & OthersReferred¶7
AIR 2014 SC 187 · Who else cites this
Petitioner
Superintendent of Police, Jajpur
Biswajit Mohanty
As recorded by the court registry
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