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2018 DIGILAW 738 (ORI)

Nirlipta Acharya v. State Of Odisha

2018-08-14

B.R.SARANGI

body2018
JUDGMENT Dr. B.R. Sarangi, J. - Heard Mr. S. S. Chaini, learned counsel for the petitioner and Mr. K.K. Mishra, learned Additional Government Advocate. 2. The petitioner has filed this application against inaction of police in not registering his written report as FIR and cause investigation in accordance with law. 3. Mr. S.S. Chaini, learned counsel for the petitioner states that even though written report has been submitted before the Police vide annexure-1 dated 28.09.2015, the same has not been registered as FIR and no investigation has been conducted on the basis of the FIR. 4. Mr. K.K. Mishra, learned Additional Government Advocate referring to counter affidavit filed by the I.I.C., Badambadi Police Station states that there are series of litigation continuing between the petitioner and the accused persons, therefore, on the basis of the written report, FIR has not been registered. He further states that in view of the law laid down by the Apex Court in Lalita Kumari v. Government of Uttar Pradesh and others, (2014) 2 SCC 1 , written report should be registered by the police. 5. In that view of the matter, this Court directs opposite party No. 3-Inspector in Charge, Badambadi Police Station, Cuttack to register the written report filed by the petitioner as FIR and take follow up action in accordance with law as per the judgment in Lalita Kumar (Supra). 6. With the above observation and direction, the CRLMP stands disposed of.