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2025 Supreme(Online)(ORI) 130

ORISSA HIGH COURT
Gourishankar Satapathy, J
Swarnalata Jena – Appellant
Versus
State of Odisha and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R.D. Mohapatra
For the Respondents: Mr. S.K. Rout

Table of Content
1. grievance for non-registration of fir. (Para 1 , 2)
2. judicial avenues for addressing fir grievances. (Para 3 , 4)
3. criteria for magistrate's decision on investigations. (Para 5 , 6)
4. dismissal of petition underscoring proper judicial channels. (Para 7)

G. Satapathy, J.

1. The grievance of the petitioner in this case is for a direction to OPNos.2 and 3 to register the FIR lodged under Annexure-1 series and to take necessary action.

2. Heard, learned counsel for the parties and perused the record.

3. Time and again, the Apex Court has reiterated that in case the grievance of the petitioner is for non-registration of FIR, he has to approach the jurisdictional Magistrate by invoking the provisions of law. Admittedly, in this case, the petitioner has not approached the Magistrate against his grievance of non-registration of FIR, but instead of, he has directly approached this Court. What should be the approach of the aggrieved person for non-registration of FIR on his complaint has been outlined in Chapter XIII of the Bharatiya Nagarik Surakshya Sanhita, 2023 (in short, “BNSS”) and Sec. 175(3) therein provides powers to the Magistrate to order an investigation on the a

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