Disposed

Sayed Misbahul Hussain v. State of Odisha

Orissa HC3 Sept 2020CRLMP/543/2020

Case brief

AI extract

What is this about?

This CRLMP directed the Deputy Commissioner of Police, Cuttack to investigate a written report of a cognizable offence. The court directed registration within two weeks citing Lalita Kumari and provided remedies for non-compliance.

What did the court decide?

Direction to the Deputy Commissioner of Police, Cuttack to look into the grievance and take a decision within two weeks regarding the registration of a cognizable offence.

Sayed Misbahul Hussain Vs State of Odisha — Orissa HC (2020) — LawSathi Research

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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CRLMP No.543 of 2020

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Sayed Misbahul Hussain … Petitioner

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Versus –

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State of Odisha and others … Opp. Parties

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O R D E R

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03.09.2020 In the wake of the pandemic Covid-19, the case is taken up through V.C.

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Heard the learned counsel for the petitioner.

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The petitioner in this CRLMP seeks a direction to the opposite party no.3-Inspector-in-Charge, Mangalabag Police Station to register the written report lodged by the present petitioner, as a P.S. case and took up the investigation as the same reveals the commission of cognizable offence.

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Considering the grievance of the petitioner that in spite of the submission of the written report before the opposite party no.3-Inspector-in-Charge, Mangalabag Police Station and also sending a copy of the same to the opposite party no.2-Deputy Commissioner of Police, Cuttack through registered post by the petitioner, till date no case has been registered pursuant to the report lodged, this Court disposes of this CRLMP with a direction to the opposite party no.2Deputy Commissioner of Police, Cuttack to look into the grievance of the petitioner and take a decision on the same

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in the light of the law laid down by the Apex Court in the case of Lalita Kumari vrs. Government of Uttar Pradesh , reported in (2014) 2 SCC 1, within two weeks of receipt of the copy of this order, if the report reveals prima facie commission of a cognizable offence.

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However, if the aforesaid order is not complied with, the petitioner is at liberty to resort to statutory remedy under the Code of Criminal Procedure by filing a complaint before the Magistrate concerned, if so advised. Option is also available to him to invoke the contempt jurisdiction for noncompliance of the direction as aforesaid against the Deputy Commissioner of Police, Cuttack inasmuch as filing of the complaint under the Code of Criminal Procedure against accused person as available to the petitioner, does not absolve the Deputy Commissioner of Police, Cuttack of the contempt, if any, committed for non-compliance of the order as aforesaid.

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Due to spread of pandemic Covid-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.

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………………….. S.Pujahari, J.

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Sayed Misbahul Hussain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sayed Misbahul Hussain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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