Jatin Kumar Dash @ Jatin Das vs State Of Odisha And Others
2023 Latest Caselaw 14035 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMP No. 1351 of 2023

         Jatin Kumar Dash @ Jatin Das              ....                   Petitioner
                                                       Mr. A.K. Sahoo, Advocate
                                            -versus-

         State of Odisha and others                ....            Opposite Parties
                                                          Mr. P.K. Maharaj, ASC

                                CORAM: JUSTICE V. NARASINGH
                                              ORDER

09.11.2023 Order No.

03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. It is submitted by the learned counsel for the Petitioner though the complaint at annexure-1 prima facie disclosed a cognizable offence in violation of the dictum of the Apex Court in the case of Lalita Kumari vs. Government of U.P. & others, AIR 2014 SC 187. The steps for registration of F.I.R has not been taken.

3. A counter affidavit has been filed at the behest of IIC, Judum P.S.(O.P No.4). Paragraph-6 of the affidavit Judgment of the adjudication is extracted hereunder:

"That, it is pertinent to mention here that, the petitioner has not submitted any oral or written report regarding the alleged land disputes between him and villagers of Regeda at Judum PS at all. The matter is coming under Court of Executive Magistrate and it is under adjudication but the Petitioner has not appeared before Judum P.S. and not submitted any written report which would enable the present deponent to register the FIR

and process the investigation. Hence, the CRLMP is devoid of merit and liable to be dismissed."

4. Taking into account the stand of the opposite party No-4, as extracted hereinabove, the Petitioner is directed to appear in Judum Police station on 14.11.2023 at 11.30 A.M. along with complaint. On receipt of such complaint steps in accordance with law in terms of the Judgment of the Apex Court in the case of Lalita Kumari vs. Government of U.P. & others, AIR 2014 SC 187 be taken.

5. List this matter on 28.11.2023.

6. A copy be made over to the learned counsel for the State for compliance.

(V. NARASINGH) Judge Soumya

Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 18:36:47