Kunja Sundar Das Vs Dig of Police, Odisha

CRLMP No. 2 of 2020

2 10.01.2020 Heard Mr. A.K. Sahoo, 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.1 and 3 to take drastic action against the accused persons and punish them suitably.

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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 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

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2

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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.

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Issue urgent certified copy as per rules.

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Dr. B.R. Sarangi, J.

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Alok

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Kunja Sundar Das v. Dig of Police, Odisha

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Kunja Sundar Das v. Dig of Police, Odisha

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