Court granted liberty to petitioner to approach Deputy Commissioner of Police regarding non-registration of an FIR, directing a decision within four weeks keeping in mind Lalita Kumari.
Liberty to approach Deputy Commissioner of Police for a grievance petition within two weeks; authority directed to decide within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 1081 of 2021
Akshaya Ku. Patnaik ….
Petitioner
Mr. Niranjan Panda, Advocate
-versus-
State of Odisha & Ors. …. Opp. Parties
Ms. Mishra, Addl. Standing Counsel
CORAM:
Order No.
JUSTICE BISWAJIT MOHANTY ORDER 22.07.2021
This matter is taken up by video conferencing mode.
Heard Mr. Panda, learned counsel for the petitioner and Ms. Mishra, learned Addl. Standing Counsel.
At the outset, Mr. Panda undertakes to deposit Rs. 20/towards Advocate Welfare Fund fees along with a memo in course of the day.
According to Mr. Panda, grievance of the petitioner in this case pertains to non-registration of his complaint dated 02.05.2021 under Annexure-2 as F.I.R. by the I.I.C., Jatani Police Station (opposite party no.3) though the same reveals commission of cognizable offences.
During course of hearing, he submits that liberty may be granted to the petitioner to approach the Deputy Commissioner of Police, Bhubaneswar (opposite party no.2) and further prays that the said opposite party be directed to take decision on such motion within a specific time period.
Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to approach the Deputy
// 2 //
Commissioner of Police, Bhubaneswar (opposite party no.2) by filing a grievance petition along with copy of this order through Registered Post within a period of two weeks. In the event, such a petition is filed, opposite party no.2 is directed to take a decision on the same in accordance with law keeping in mind the decision of the Supreme Court in the case of Lalita Kumari Vs. State of U.P. & Others reported in AIR 2014 SC 187 within a period of four weeks from the date of receipt of grievance petition. The petitioner be communicated with the result of such exercise.
The CRLMP is accordingly disposed of.
Parties may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copy in the manner prescribed vide Court’s Notice No.4587 dated 25.03.2020 read with Notice No.4798 dated 15.04.2021
RJ
issued by the Registrar General of this Court.
(Biswajit Mohanty)
Judge
Page 2 of 2
Colour shows how this judgement treated each authority
Lalita Kumari Vs. State of U.P. & OthersReferred¶20
Lalita Kumari Vs. State of U.P. & Others reported in AIR 2014 SC 187 · Who else cites this
Akshaya Ku. Patnaik
State of Odisha
Biswajit Mohanty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
