Jagannath Behera v. State of Odisha

Orissa HC22 Apr 2024CRLMP/585/2024

Case brief

AI extract

What is this about?

CRLMP 585 of 2024, Orissa High Court, Cuttack, Justice V. Narasingh, 22.04.2024; Jagannath Behera v. State of Odisha; plenary jurisdiction declined; effective statutory remedy; liberty to file application under Section 156(3) Cr.P.C. before Magistrate; reliance on Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277; order dated 20.03.2020 in Criminal Appeal No.102 of 2011; no opinion on veracity of allegations; disposed of; advocate J. Sahoo for petitioner, H.K. Panigrahi ASC for State.

What did the court decide?

CRLMP disposed of without being entertained; liberty granted to the Petitioner to approach the learned Magistrate under Section 156(3) Cr.P.C. ¶¶21

Jagannath Behera Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMP disposed of without being entertained; liberty granted to the Petitioner to approach the learned Magistrate under Section 156(3) Cr.P.C.

¶¶21

Issue for consideration

Whether the High Court should entertain the CRLMP in exercise of its plenary jurisdiction when an effective statutory remedy (an application under Section 156(3) Cr.P.C. before the Magistrate) is available to the petitioner.

¶¶16

Court's answer

Having regard to the nature of allegation, the recitals of the CRLMP, the availability of an effective statutory remedy, and 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, the Court was not inclined to entertain the CRLMP in exercise of its plenary jurisdiction.

¶¶16

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.

¶¶17

Key takeaways

The Court has expressly not expressed any opinion regarding the veracity of the allegations.obiter¶¶20

Detailed headnote1 paragraphs

Orissa High Court (V. Narasingh, J.), by order dated 22.04.2024 in CRLMP No. 585 of 2024 (Jagannath Behera v. State of Odisha and others), declined to entertain a criminal miscellaneous petition in exercise of its plenary jurisdiction, taking into account the nature of allegation, the recitals of the petition and the availability of an effective statutory remedy, keeping in view Sudhir Bhaskarrao Tambe vrs. Hemant Yashwant Dhage and others, (2016) 6 SCC 277, and an Apex Court order dated 20.03.2020 in Criminal Appeal No.102 of 2011. Liberty was granted to the petitioner to move the learned Magistrate under Section 156(3) Cr.P.C., who was directed to act in accordance with law independently on the materials on record. The Court clarified that it had expressed no opinion on the veracity of the allegations. The CRLMP was disposed of.

Jagannath Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagannath Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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