Orissa High Court
Bichitra Nanda Mahapatra vs Nabakishore Behera And Others ..... ... on 9 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 2083 of 2023
Bichitra Nanda Mahapatra ..... Petitioner
In person
-versus-
Nabakishore Behera and others ..... Opp. Parties
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
09.05.2025
Order No. (Through hybrid mode)
11.
1. The CRLMC has been filed praying for the following reliefs :
"In view of aforesaid facts and circumstances of this case it
is most respectfully prayed that the Hon'ble High Court may
be pleased
(1) To set aside the order of the Hon'ble District
and Session Court and please kindly examine all the
documentary evidence and policy report and all the
orders, of S.D.J.M also the Hon'ble District and
Session Court.
(2) To call for the record of District and Session
Court/S.D.J.M court.
(3) To pass the order to taken the sole respondent
who are given undertaking and confess their offence
with witnesses taken to judicial custody and direct to
the proper enquiry to brought out the fact of the case
also punish the antisocial persons who are involved in
this activity. The appellant pray before the Hon'ble
High Court pass the order in favour of appellant in the
interest of justice.
And for which act of your kindness the appellant shall
as in duty bound ever pray."
2. Perusal of the cause title of the CRLMC reveals that the
CRLMC has been filed under Section 382 of the Cr.P.C. arraying 10
persons and some unnamed staffs of Chief Minister's residence as
respondents.
3. Section 382 of the Cr.P.C. is extracted below;
"Every appeal shall be made in the form of a
petition in writing presented by the appellant of his
pleader, and every such petition shall (unless the Court to
which it is presented otherwise directs) be accompanied
by a copy of the judgment or order appealed against."
4. This CRLMC is apparently not maintainable. But perusal of
the previous orders reveals that initially CRLA 222 of 2023 had
been filed under Section 382 of the Cr.P.C and on 11.04.2023, I.A.
No. 726 of 2023 filed for conversion of the nomenclature from
CRLA to CRLMC has been allowed. Pursuant to such order, the
CRLMC has been registered. The provision of law has not been
corrected for which Section 382 of the Cr.P.C. still remains in the
cause title.
5. The fresh date chart at flag-C filed by the petitioner on
08.05.2025 does not make sense and is more in the nature of an
index. But since the petitioner appears in person, he is heard.
6. The petitioner submits that :-
(i) As the complaint given by him at the police station had
not been registered, the police could not have submitted a
final report ;
(ii) A direction may be issued to police personnel to properly
investigate the matter and submit the investigation report
before the Hon'ble High Court.
7. On 31.07.2023, the CRLMC had been dismissed by a
reasoned order by a co-ordinate Bench .The CRLMC has been
restored on 26.06.2024.
8. Perusal of the prayer in the CRLMC reveals that no specific
order has been challenged for which the CRLMC in its present form
is not maintainable .
9. The grievance of the petitioner that the police has not
investigated into the matter does not survive as final report has been
submitted by the police after investigation.
10. That apart, the grievance of the petitioner that the police has
not registered his FIR cannot be gone into in a CRLMC. Other
remedies are available to the petitioner.
11. If the petitioner is aggrieved by the final report, it is open to
him to challenge the same by filing appropriate application in the
form of protest petition in the appropriate forum.
12. It appears from Annexure-10, that by order dated 3.12.2022
the Hon'ble District and Sessions Judge in CRLREV No. 47 of 2021
has been annexed. In the order, it is mentioned that the revision has
not been filed against any specific order of the learned SDJM,
Bhubaneswar. The Court finding no merit in the Revision
application, dismissed the same granting liberty to the petitioner to
appear before the Court below in compliance to the notice and
address his grievance, if any. It appears that the petitioner has not
availed that remedy.
13. From the perusal of the order dated 05.04.2021 passed by the
learned SDJM, Bhubaneswar it is apparent that the Magistrate
relying on the provisions of Section 210 of the Cr.P.C., had called
for report from the police station and the further proceeding in the
complaint had been stayed. On 27.07.2021 in the absence of such
report prayer had been made by the petitioner for arrest of the co-
accused which was rejected by the Magistrate. But the investigating
officer had been directed to appear personally before the Court by
28.09.2021. But it appears that thereafter the revision was filed in
the Court of the learned District and Sessions Judge, Khurda for
which the LCR in ICC Case was sent to the said Court.
14. From the above discussion, it is apparent that the petitioner
has rushed to this Court without availing the remedies available to
him.
15. Hence this CRLMC is disposed of not maintainable as well as
being premature.
16. The petitioner is at liberty to avail/ pursue his remedies before
the appropriate forum.
(Savitri Ratho)
i
SubhalaxmPRIYADARSHANI
Signed by: SUBHALAXMI
SAHOO
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 17-May-2025 17:09:21
