Orissa High Court
Crime Branch And/Or Cid Cb vs State Of U.P on 7 January, 2020
Author: B.R. Sarangi
Bench: B.R. Sarangi
CRLMP No. 1851 of 2019
02 07.01.2020 Heard Mr. U.C. Jena, learned counsel for the petitioner
and Mr. D.K. Pani, learned Addl. Standing Counsel appearing
for the State opposite parties, and perused the record.
The petitioner files this application seeking direction to
hand over investigation of Itamati P.S. Case No. 162 of 2019
Crime Branch and/or CID CB.
Mr. D.K. Pani, learned Addl. Standing Counsel
appearing for the State, relying on the decisions of the
Supreme Court in the cases of Sakiri Vasu V. State of U.P.
reported in (2008) 2 SCC 409 and Sudhir Bhaskar Rao
Tambe V. Hemant Yashwant Dhage reported in (2016) 6
SCC 277, submits that instead of moving the jurisdictional
Magistrate under Section 156(3), Cr.P.C., the petitioner has
unnecessarily rushed to this Court. He further submits that in
the aforesaid decision, the Supreme Court has made it clear
that when after registering the F.I.R., if no proper investigation
is made, it would be open to the aggrieved person to file an
application under Section 156(3), Cr.P.C. before the learned
jurisdictional Magistrate and if such an application under
Section 156(3) is filed before the learned Magistrate, he/she
can direct for a proper investigation.
In such background, learned counsel for the petitioner
submits that liberty may be granted to the petitioner to move
the jurisdictional Magistrate under Section 156(3), Cr.P.C.
Considering the submissions made, this Court, without
expressing any opinion on the merits of the case, grants
liberty to the petitioner to move the jurisdictional Magistrate
under Section 156(3), Cr.P.C. within a period of two weeks. In
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the event, such an application is filed, the jurisdictional
Magistrate would do well to proceed with the same in
accordance with law.
The CRLMP is accordingly disposed of.
Issue urgent certified copy as per rules.
....................................
Dr. B.R. Sarangi, J.
GDS 3