Khiroda Nalini Dehury v. State of Odisha & Ors.
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Code of Criminal Procedure, 1973 s. 156(3)
Key paragraphs
- Para 44. Liberty is granted to the Petitioner to move the Magistrate concerned under Section 156(3) of Cr.P.C and in such event the matter shall be considered on its own merit.
- Para 55. The CRLMP is accordingly disposed of. Signature Not Verified (V. NARASINGH) Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-Mar-2024 13:01:28 Judge PKS
Judgment
Mr. N.R. Mohanty, Advocate -versus- State of Odisha & others …. Opposite Parties Mr. K. Gaya, ASC CORAM: JUSTICE V. NARASINGH ORDER 28.03.2024 Order No.
Heard learned counsel for the Petitioner and learned counsel for the State.
The grievance of the Petitioner is improper investigation consequential to the FIR, vide Annexure-1.
Taking into account the nature of allegation and since effective statutory remedy is available and keeping in view the law laid down by the Apex Court in the case of Sudhir Bhaskarrao Tambe vrs. Hemant Yashwant Dhage and others, reported in (2016) 6 SCC 277 and the order dated 20.03.2020 in Criminal Appeal No.102 of 2011, this Court is not inclined to entertain this CRLMP in exercise of its plenary jurisdiction.
Liberty is granted to the Petitioner to move the Magistrate concerned under Section 156(3) of Cr.P.C and in such event the matter shall be considered on its own merit.
The CRLMP is accordingly disposed of. Signature Not Verified (V. NARASINGH) Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-Mar-2024 13:01:28 Judge PKS
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.