LAWS(ORI)-2013-8-54

MANU MALLIK Vs. STATE OF ODISHA

Decided On August 20, 2013
Manu Mallik Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Heard. The petitioner has filed a complaint case, being I.C.C. Case No. 161 of 2013, before the learned S.D.J.M., Jajpur for commission of offence under Sections 366/498(A), 323, 506 and 34 IPC which is pending before him.

(2.) The said complaint case has been annexed to the writ application. Certified copy of the order dated 23.4.2013 passed in the said complaint case has been produced before this Court. From the said order, it appears that the learned S.D.J.M., Jajpur has sent the complaint petition under Section 156(3) Cr.P.C. to the concerned police station for investigation and posted the matter to 21.6.2013 by which time the I.O. was directed to submit a report. No further developments have been brought to our notice in the said complaint petition.

(3.) In view of the pendency of such complaint petition and the nature of allegations made, we are of the considered opinion that a writ of habeas corpus is not maintainable. However, the IIC, Bari Ramachandrapur Police Station is directed to expedite the investigation, which has been registered as Bari Ramachandrapur P.S. Case No. 62 of 2013 as stated by the learned counsel for the State, on the complaint petition sent to him under Section 156(3) Cr.P.C.