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Compelling proper investigation of an FIR: Smt Bhama Behera vs State of Orissa and Others

Date : 07/03/2006

Invoking Section 482 of the Code of Criminal Procedure, 1973, the Petitioner sought issuance of direction to the Officer in Charge of Chandanpur Police Station, Puri to investigate the case relating to the Petitioner’s F.I.R. against members of the Opposite Parties. The learned judge disposed of the application by order dated 7 March 2006 with direction to the State of Orissa to conduct an investigation into the aforementioned case. If satisfied that any cognizable offence had been committed, the State of Orissa was ordered to take action strictly in consonance with the law as expeditiously as possible.

Case Details and Status

The Petitioner’s application sought direction for registering a case on the basis of an F.I.R submitted by the Petitioner against members of the Opposite Parties. The application invoked the jurisdiction of the court, under Section 482 of the Code of Criminal Procedure, 1973:

Section 482: Saving of inherent power of High Court Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

The Petitioner sought issuance of direction to one of the Opposite Parties (the Officer in Charge of Chandanpur Police Station, Puri) to investigate Case No.1 of 2006 and to proceed with this case in consonance with law. The case was registered at Chandanpur Police Station by F.I.R. filed by the Petitioner against members of the Opposite Parties.

By order dated 1 March 2006, the learned counsel for the state was asked to obtain instruction by 7 March 2006. However on this date, the learned counsel for the state requested more time to obtain instruction.

Expressing displeasure, the learned judge disposed of the case by order dated 7 March 2006 with direction to the State of Orissa to conduct an investigation into the aforementioned case. If satisfied that any cognizable offence had been committed, the State of Orissa was ordered to take action strictly in consonance with the law as expeditiously as possible.

20080901080525_Orissa.pdf
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