Sri Sukanta Kumar Pradhan v. I.I.C., Badambadi Police Station, Badambadi, Cuttack & Anr.

Sri Sukanta Kumar Pradhan ..……. Petitioner -Versus- I.I.C., Badambadi Police Station, Badambadi, Cuttack & another ..……. Opposite Parties CORAM: Mr. P.K. Maharaj, Additional Standing Counsel JUSTICE SIBO SANKAR MISHRA Order No. 02.

ORDER 16.02.2024 The matter was listed on 13.02.2024 and this Court had passed the following order: “1. This matter (Virtual/Physical Mode). taken up through Hybrid Arrangement

The petitioner is the informant in the present case. The informant filed 1.C.C. Case No.166 of 2023. The Court of learned J.M.F.C. (City), Cuttack after having been satisfied with the merits of the case passed the following order: filed by IPC has been

21.07.23 A complaint petition u/s. 465/ 466/ 467/ 468/471/120-B/34 complainant named above. The Learned counsel Sri Manas Ranjan Baug has filed vakalatnama on behalf of the complainant which is duly executed and the same is accepted. The complainant has made a prayer seeking necessary direction of the court u/s.156(3) CrPC for investigation of the case. Heard perused the complaint petition. On perusal I am of the opinion that the police will better serve the justice. Hence the prayer made by the complainant to send the complaint petition to police u/s.156(3) Crpc for investigation is allowed. Accordingly the original complaint petition is sent to the IIC Badambadi P.S. for registration and investigation. He is directed to report this court soon after registration of the case. Put up on 24.08.23 for awaiting report from the concerned IIC.

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Precisely the direction of the Court was to register a case on the basis of the original complaint filed by the informant. The original complaint the accused persons have allegedly committed offences under Sections 465/466/467/468/471/120-B/34 IPC. indicates

The grievance of the petitioner being the informant in the present case is that despite a specific direction of the court below for registering the F.I.R. for alleged commission of offence by the accused person under particular provisions of law, the IIC, Badambadi Police Station chooses to drop the relevant provisions of law while registering the offence. The IIC, Badambadi Police Station in pursuance of the order of the learned J.M.F.C. has registered the F.I.R. being Badambadi P.S. Case No.269 of 2023 under Sections 465/466/468/471/34 IPC dropping Sections 467 and 120-B IPC. Therefore, the petitioner seeks indulgence of this Court.

I am conscious of the fact that under the inherent jurisdiction of this Court at this stage, the Court ought not to have interfered in this matter. However, suffice it to say that the IIC should have complied the order dated 21.07.2023 to its letter and spirit. However, in the present case the IIC has not done so.

Mr. Maharaj, learned Additional Standing Counsel appearing for the State submits that he would seek instruction in the matter and seeks an adjournment.

List this matter on 16.02.2024. A free copy of this order be supplied to Mr. Maharaj, learned Additional Standing Counsel appearing for the State.” Based on the aforementioned order, Mr. Maharaj, learned Additional

2. Standing Counsel has obtained instruction and placed on record the instruction indicating that the offences under Sections-467 and 120-B IPC have been added in the F.I.R.

3. Therefore, the grievances of the petitioner in the present petition are duly addressed. No further orders are required.

4. Accordingly, the CRLMC is disposed of. Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 20-Feb-2024 09:53:06 Subhasis/P.A. (S.S. Mishra) Judge