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Minakhi Bhatt @ Dalabehera vs State of Orissa and others: Ensuring proper investigation and implementation of FIRs

Date : 16/07/2010

fe and 3 sons for the return of property belonging to the Petitioner. The petitioner also prayed for protection of her life and liberty and that of her family members.

The Writ petition was issued under Article 226 of the Constitution of India, which states that (notwithstanding anything in article 32 relating to the authority of the Supreme Court): “& every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs& for the enforcement of any of the rights conferred by Part III and for any other purpose”.

It also referred to Articles 14 and 21 in Part III of the Constitution of India, relating to equality before the law, equal protection of the law and protection of the right to life and personal liberty.

In the order dated 28 March 2008, noted that an FIR had already been issued in this instance and was pending investigation. This being the case, the learned judge was disinclined to interfere in the matter but noted that the police authorities would “do well to expedite the investigation in the matter [and] submit final form in accordance with law”.

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