Balaram Singh Vs State of Odisha

CRLMP No. 715 of 2020

03.08.2020

Heard Mr. R.N. Behera, learned counsel for the petitioner and Mr. S.P. Panda, learned Addl. Government Advocate appearing for the State opposite parties, and perused the record.

¶4

The petitioner files this application seeking direction to the opposite parties to cause proper investigation into Mahanga P.S. Case No. 89 of 2020.

¶5

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.

¶6

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.

¶7

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

¶8

2

¶9

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.

¶10

The CRLMP is accordingly disposed of.

¶11

Dr. B.R. Sarangi, J.

¶12

Ajaya

¶13

3

Balaram Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balaram Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Aruna Kumar Tripathy Vs State of Odisha

Jayanta Kumar Mandal Vs Chithra Arumugam

Bidyutlata Samal Vs Chitra Arumugam

Jhantu Dandapat Vs State of Odisha

Jyoshna Mohanty Vs State of Odisha

Debendra Nath Mohanty Vs State of Odisha