Sulochana Modi v. D.G.of Police

CRLMP No.837 of 2019

1. 01.08.2019 Heard learned counsel for the petitioner and Mr. Tripathy, learned Additional Government Advocate.

According to learned counsel for the petitioner, the grievance of the petitioner in this case pertains to tardy manner of investigation is being done in connection with Badambadi P.S. Case No.63 dated 08.03.2019.

Mr. Tripathy, learned Addl. Standing Counsel relying on the decisions of the Supreme Court in the cases of Sakiri Vasu –vrs- State of U.P. and others reported in ( 2008) 2 SCC 409 and Sudhir Bhaskar Rao Tambe -Vrs- Hemant Yashwant Dhage and Others reported in (2016) 6 SCC 277 , submits that instead of moving the jurisdictional Magistrate under Section 156(3), Cr.P.C., the petitioner has unnecessarily rushed to this Court. He further submits that in the aforesaid decisions, the Supreme Court has made it clear that when after registering the F.I.R., if no proper investigation is made, it would be open to the aggrieved person to file an application under Section 156(3), Cr.P.C. before the learned jurisdictional Magistrate and if such an application under Section 156(3) is filed before the learned Magistrate, he/she can direct for a proper investigation.

In such background, learned counsel for the petitioner submits that liberty may be granted to the petitioner to move the jurisdictional Magistrate under Section 156(3), Cr.P.C. 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 jurisdictional Magistrate under Section 156(3), Cr.P.C. duly supported by an affidavit within a period two weeks. In the event, such an

Prasant