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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Dwaru Patra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. police's duty to register fir on cognizable offences. (Para 2 , 3 , 4) |
| 2. inaction of police against supreme court directions. (Para 5) |
| 3. judicial discretion in fir registration and police investigation. (Para 6 , 7 , 8 , 9) |
| 4. court disposes application; directs grievance to jurisdictional magistrate. (Para 10) |
JUDGMENT :
CHITTARANJAN DASH, J.
1. Heard learned counsel for the Parties.
2. By means of this application, the Petitioner seeks the intervention of this Court for a direction to the Opposite Party Nos.2 & 3 to register the FIR against the erring Police officials involved in the incident dated 16.10.2024 and proceed with the investigation thereupon.
3. Vide order dated 07.07.2025, this Court directed the learned counsel for the State to obtain instructions in this matter. Pursuant to the said direction, the IIC, Binika P.S. submitted the written instructions, narrating the details that the Petitioner has been implicated in connection with the Binika P.S. Case No.357 of 2024. It is alleged that the Petitioner led a mob, the one that went violent and obstructed the Police from discharging their official duty in dispersing the mob who were bent upon to take the law
The court affirmed that the police must register FIRs for cognizable offenses but not through writ petitions unless alternative remedies are exhausted.
The main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
The main legal point established in the judgment is that the remedy for aggrieved persons seeking the registration of an FIR is to approach the Magistrate under Section 156(3) Cr.P.C. and not to file....
The main legal principle established in the judgment is that the remedy for aggrieved persons seeking FIR registration lies under Section 156(3) Cr.P.C. before the concerned Magistrate, and not throu....
The main legal principle established is that when an alternative efficacious remedy is available to the petitioner under Section 156(3) Cr.P.C., the court should not entertain the petition.
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