Partly allowed

Siba Jhankar v. State of Orissa

Orissa HC9 Jan 2020CRLMP/1326/2016

Case brief

AI extract

What is this about?

The Court, relying on Supreme Court precedents, granted liberty to the petitioner to file an application under Section 156(3) Cr.P.C. before the jurisdictional Magistrate for investigation within two weeks, without expressing an opinion on merits.

What did the court decide?

Liberty granted to the petitioner to move the jurisdictional Magistrate under Section 156(3) Cr.P.C. within two weeks.

Siba Jhankar Vs State of Orissa — Criminal Trial and Appeal | Orissa HC (2020)

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CRLMP No. 1326 of 2016

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16 09.01.2020 Heard Mr. B. Jalli, learned counsel for the petitioner and Mr. B. Senapati, learned Addl. Government Advocate appearing for the State opposite parties, and perused the record.

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The petitioner files this application seeking direction to opposite parties No.3 and 4 to investigate the case Bheden P.S. Case No.189/2016 & 194/2016 under Annexures-1 and 5 and take immediate action against the accused persons and provide necessary police assistance to the petitioners and their family members for smooth performance of seva puja of Deity Sri Sri Samaleswari Devi Bije, Remanda, Bargarh.

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Mr. B. Senapati, learned Addl. Government Advocate appearing for the State, relying on the decisions of the Supreme Court in the cases of Sakiri Vasu V. State of U.P. reported in ( 2008) 2 SCC 409 and Sudhir Bhaskar Rao Tambe V. Hemant Yashwant Dhage 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 decision, 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.

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In such background, learned counsel for the petitioner submits that liberty may be granted to the petitioner to move

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the jurisdictional Magistrate under Section 156(3), Cr.P.C.

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Considering the submissions made, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to move the jurisdictional Magistrate under Section 156(3), Cr.P.C. within a period of two weeks. In the event, such an application is filed, the jurisdictional Magistrate would do well to proceed with the same in accordance with law.

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The CRLMP is accordingly disposed of. Issue urgent certified copy as per rules.

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Alok

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Siba Jhankar v. State of Orissa

Case brief

What is this about?

What did the court decide?

Siba Jhankar v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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