Disposed¶21

Shyam Sethi v. State of Odisha

Orissa HC8 Apr 2024CRLMP/490/2024

Case brief

AI extract

What is this about?

Orissa High Court order of 08.04.2024 by Justice V. Narasingh disposing of CRLMP No. 490 of 2024 filed by Shyam Sethi against State of Odisha and others; refusal to entertain the matter in plenary jurisdiction due to available statutory remedy, relying on Apex Court law in Sudhir Bhaskarrao Tambe vrs. Hemant Yashwant Dhage ((2016) 6 SCC 277) and the order dated 20.03.2020 in Criminal Appeal No.102 of 2011; petitioner directed to invoke Section 156(3) Cr.P.C. before the learned Magistrate acting independently; no opinion expressed on veracity of allegations; counsel B.K. Parida for petitioner, A. Pradhan ASC for State.

What did the court decide?

Liberty granted to the Petitioner to seek intervention of the learned Magistrate through Section 156(3) Cr.P.C.; no adjudication by this Court. ¶21

Shyam Sethi Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner to seek intervention of the learned Magistrate through Section 156(3) Cr.P.C.; no adjudication by this Court.

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Issue for consideration

Whether this Court should entertain CRLMP No. 490 of 2024 in exercise of its plenary jurisdiction, given the nature of the allegations and the availability of an effective statutory remedy.

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Court's answer

Taking into account the nature of allegation, the recitals of the CRLMP, the availability of an effective statutory remedy, the law laid down by the Apex Court in Sudhir Bhaskarrao Tambe vrs. Hemant Yashwant Dhage and others ((2016) 6 SCC 277), and the order dated 20.03.2020 in Criminal Appeal No.102 of 2011, this Court is not inclined to entertain this CRLMP in exercise of its plenary jurisdiction.

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Ratio / Principle

Liberty is granted to the Petitioner to move the learned Magistrate concerned under Section 156(3) of Cr.P.C., who shall act in accordance with law independently, taking into account the materials on record.

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Key takeaways

This Court has not expressed any opinion regarding the veracity of the allegations.obiter¶18

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, Justice V. Narasingh, CRLMP No. 490 of 2024 (Shyam Sethi versus State of Odisha and others), order dated 08.04.2024: Considering the nature of the allegations, the recitals of the CRLMP, and the availability of an effective statutory remedy, and guided by the law laid down by the Apex Court in Sudhir Bhaskarrao Tambe vrs. Hemant Yashwant Dhage and others reported at (2016) 6 SCC 277 and the order dated 20.03.2020 in Criminal Appeal No.102 of 2011, the Court declined to entertain the CRLMP in exercise of its plenary jurisdiction. The petitioner was granted liberty to move the learned Magistrate under Section 156(3) of Cr.P.C., who shall act in accordance with law independently based on the materials on record. The Court expressly noted that it had formed no opinion on the veracity of the allegations. The CRLMP was accordingly disposed of.

Shyam Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shyam Sethi v. State of Odisha

Case brief

What is this about?

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What the court decided

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