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2025 DAILYLAW 64348 (ORI)

BHAGABAT NAYAK v. STATE OF ODISHA

CRLMP/1720/2024 · 2025-01-03

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1720 of 2024 Bhagabat Nayak …. Petitioner Mr. B. Seth, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 03.01.2025 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The present CRLMP has been filed alleging improper investigation into Binka P.S. Case No.22 dated 24.02.2018. 3. For convenience of reference the prayer as made in the CRLMP is extracted hereunder; “Prayer It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this CRLMP and issue notice the Opp .parties call for the records and after hearing both the parties this Hon'ble Court may direct the Opp. parties to investigate the Binka P.S. case No. 22 dated 24.02.2018 properly and find out the real culprit. And any other order/orders direction/directions may deem fit and proper pass in favour of the petitioner. xxx xxx xxx” 4. During course of submission, learned counsel for the State has placed on record the instruction which indicates that in the case at hand charge sheet was filed under Sections 500/306/34 IPC /67 I.T. Act and the case was reopened on 18.12.2019 as per the order of the then Superintendent of Police, Subarnapur on account of a representation made by the informant. On further investigation since no other material came to the fore, further consequential steps were not taken. 5. It is apt to note here that though the Petitioner in paragraph 5 has stated that charge sheet has been filed, but the prayer extracted above is contrary to the averments on record. 6. Considering the nature of grievance and the instructions of the learned counsel for the State adverted to herein above, this Court is not inclined to entertain this CRLMP. 7. Accordingly, the CRLMP stands disposed of. 8. Liberty is granted to the Petitioner to ventilate his grievance, if any, in accordance with law before the Magistrate concerned. 9. In the event such a motion is made, same shall be considered on its own merit. (V. Narasingh) Judge Santoshi Designation: Senior Stenographer