The High Court granted liberty to the petitioner to move the jurisdictional Magistrate under Section 156(3) Cr.P.C. to direct proper investigation in a pending case, citing Supreme Court precedents.
Liberty granted to the petitioner to move the jurisdictional Magistrate under Section 156(3) Cr.P.C.
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CRLMP No.980 of 2019
02 07.08.2019 Heard learned counsel for the petitioner and Mr. Dash, learned Additional Standing Counsel.
According to learned counsel for the petitioner, the grievance of the petitioner in this case pertains to the manner in which investigation is being done in connection with Karanjia P.S. Case No.96 dated 22.07.2019.
Mr. Dash, 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
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application is filed, the jurisdictional Magistrate would do well to proceed with the same in accordance with law, if there is no other impediment.
The CRLMP is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Biswajit Mohanty, J.
1 issue framed by the court
Whether liberty to approach the High Court should be granted when the petitioner can alternatively approach the jurisdictional Magistrate under Section 156(3) Cr.P.C.
Colour shows how this judgement treated each authority
Sakiri Vasu vs State of U.P. and othersReferred¶4
(2008) 2 SCC 409 · Who else cites this
Sudhir Bhaskar Rao Tambe vs Hemant Yashwant Dhage and OthersReferred¶4
(2016) 6 SCC 277 · Who else cites this
1 provisions across 1 enactments
Sankar Prasad
State of Odisha
Biswajit Mohanty
As recorded by the court registry
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