The High Court of Orissa dismissed a CRLMP seeking implementation of an S.D.J.M. order under Section 144 Cr.P.C. The Court held the petition an abuse of process as efficacious statutory remedy existed. No cost imposed due to petitioner being a senior citizen.
The CRLMP stands dismissed; application sought was not admitted.
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. 533 of 2024
Phagudev Samal
…. Petitioner
Mr. A.K. Ray, Advocate
-versus-
State of Odisha and others
…. Opposite Parties
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
10.04.2024
Order No.
“Therefore the petitioner most respectfully prays that Your Lordship would graciously be pleased to admit this petition and direct the Opp. Party No.6/Inspector In Charge Binjharpur Police Station to work out Annexure-3 / order passed by the SubDivisional Magistrate Jajpur immediately.
xxx xxx xxx”
Page 1 of 2
CRLMP is an abuse of process of law while availing efficacious statutory remedy. Hence, this Court is not inclined to entertain this CRLMP.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-Apr-2024 10:27:38
Page 2 of 2
1 issue framed by the court
Whether a writ petition seeking implementation of an S.D.J.M. order in a proceeding under Section 144 Cr.P.C. can be entertained when efficacious statutory remedy is available.
1 provisions across 1 enactments
Phagudev Samal
State of Odisha
V. Narasingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
