Orissa High Court
Bharat Chandra Behera vs State Of Odisha And Others on 18 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.885 of 2021
Bharat Chandra Behera .... Petitioner
Mr.P.K.Rout, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. P.C.Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 18.01.2022
4. 1. This matter is taken up through Video Conferencing mode.
2. The Petitioner has filed the present CRLMP being aggrieved
by the inaction of the local police.
3. It is submitted that despite his complaint, the Police is not
taking up the investigation. Accordingly, he has informed the matter
to the Superintendent of Police (Rural), Cuttack by filing a grievance
petition dated 30th April, 2021, which was sent to him by registered
post. It is further submitted that the grievance petition submitted
before Opposite Party No.2 is pending as of now. It is also his
submission that in view of the observation of the Hon'ble Supreme
Court of India made in the decision rendered in the case of Lalita
Kumari-vrs.-Govt. of U.P. the registration of F.I.R. is mandatory
under Section 154 of the Code of Criminal Procedure, if the
information discloses commission of a cognizable offence, then the
F.I.R. is to be registered mandatorily.
4. Mr.P.C.Das, learned Additional Standing Counsel appearing
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for the State submits that the dispute involved in the present case is
basically civil in nature.
5. Having heard learned counsel for the parties, this matter is
being disposed of at the stage of admission with the direction to
Opposite Party No.2 to dispose of the grievance petition of the
Petitioner dated 30th April, 2021, which was sent to him by registered
post within a period of four weeks from the date of production of an
authenticated copy of this order. The Opposite Party No.2 shall do
well to consider the complaint of the Petitioner in the light of the
ratio laid down by the Hon'ble Supreme Court of India in the matter
of Lalita Kumari-vrs.-Govt. of U.P. reported in (2014) 2 SCC - 1.
It is needless to say that the Opposite Party No.2, after a careful
examination of the complaint, comes to a conclusion that the
complaint reveals a cognizable offence, then he shall direct the
concerned Police Station to register the F.I.R., as directed in
Paragraph 120.1 of the judgment in Lalita Kumari's case (supra).
The entire exercise shall be completed within a period of two months
from the date of production of an authenticated copy of this order.
7. With the aforesaid observation, the CRLMP is disposed of.
8. As the restrictions due to resurgence of COVID -19 situation
are continuing, learned counsel for the parties may utilize a print out
of the order available in the High Court's website, at par with
certified copy, subject to attestation by the concerned Advocate, in
the manner prescribed vide Court's Notice No.4587, dated 25th
March, 2020, modified by Court's Notice No.4798, dated 15th April,
2021, and Court's Office Order circulated vide Memo Nos.514 and
515 dated 7th January, 2022.
RKS ( A.K. Mohapatra)
Judge
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