Disposed

Manoj Kumar Behera v. State of Orissa

Orissa HC16 Jul 2020CRLMP/610/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition concerning delayed investigation in a Jajpur Road P.S. case, the petitioner's counsel requested liberty to approach the jurisdictional Magistrate. The court granted liberty to file an application under Section 156(3), Cr.P.C. within two weeks, directing the Magistrate to proceed in accordance with law. The petition was disposed of.

What did the court decide?

Liberty granted to move jurisdictional Magistrate under Section 156(3), Cr.P.C. by filing application supported by affidavit within two weeks.

Manoj Kumar Behera Vs State of Orissa — Civil Procedure and Limitation | Orissa HC (2020)

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CRLMP No.610 of 2020

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16.07.2020 Heard Mr. Mahato, learned counsel for the petitioner and Mr. Ghosh, learned Additional Standing Counsel through video conferencing mode.

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According to Mr. Mahato, the grievance of the petitioner in this case pertains to the tardy manner in which investigation is being carried on in connection with Jajpur Road P.S. Case No.103 dated 15.03.2020.

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Mr. Ghosh, learned Additional 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.

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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. 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. by filing an

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Prasant

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appropriate application duly supported by an affidavit within a period 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, if there is no other impediment.

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The CRLMP is accordingly disposed of.

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Parties may access copy of this order in Court’s official website and utilize the same as per the Notice No.4587 dated 25.03.2020 and Notice dated 15.04.2020 issued by the Registrar General of this Court, copies of which are available in Court’s official website.

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Biswajit Mohanty, J.

Manoj Kumar Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Manoj Kumar Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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