In a criminal miscellaneous petition, the Court granted liberty to the petitioner to file an application under Section 156(3) Cr.P.C. before the jurisdictional Magistrate within two weeks, directing the Magistrate to proceed in accordance with law.
Liberty granted to petitioner to move jurisdictional Magistrate under Section 156(3) Cr.P.C. within two weeks.
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CRLMP No. 18 of 2020
2 16.01.2020 Heard Mr. M.R. Mohapatra, learned counsel for the petitioner and Mr. S.P. Panda, learned Addl. Government Advocate appearing for the State opposite parties, and perused the record.
The petitioner files this application seeking direction to opposite party no.2 hand over investigation of Saheed Nagar P.S. Case No.512 of 2019 to Crime Branch and immediately arrest the accused persons and punish them as per law.
Mr. S.P. Panda, 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.
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, this Court, without expressing any opinion on the merits of the case, grants
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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.
The CRLMP is accordingly disposed of.
Issue urgent certified copy as per rules.
Alok
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2 issues framed by the court
Whether the petitioner is entitled to liberty to move the jurisdictional Magistrate under Section 156(3) Cr.P.C. instead of approaching the Court directly.
Whether liberty should be granted to the petitioner to investigate the matter through proper judicial channels.
Colour shows how this judgement treated each authority
Sakiri Vasu V. State of U.P.Referred¶4
Sakiri Vasu V. State of U.P. (2008) 2 SCC 409 · Who else cites this
Sudhir Bhaskar Rao Tambe V. Hemant Yashwant DhageReferred¶4
Sudhir Bhaskar Rao Tambe V. Hemant Yashwant Dhage (2016) 6 SCC 277 · Who else cites this
1 provisions across 1 enactments
Petitioner
State
Alok
As recorded by the court registry
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