Orissa High Court
Pramodini Sethi vs State Of Odisha ….. Opposite Parties on 24 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1523 of 2025
Pramodini Sethi ..... Petitioner
Mr. Amitav Tripathy, Advocate
-versus-
1. State of Odisha ..... Opposite Parties
2. Saroj Sethi
Ms. S. Moharana, ASC
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
24.04.2025
Order No. (Through hybrid Mode)
01.
1. This CRLMC has been filed challenging the order dated
30.01.2025 passed in 1CC No. 16 of 2024 by the learned JMFC,
Bhapur, taking cognizance of offences punishable under Sections
363, 364, 302, 120 (B) and 34 of the IPC against the petitioner and
three others and fixing the date on 20.02.2025 for their appearance.
2. Referring to Section 223 of the BNS, learned counsel for the
petitioner submits that before taking cognizance of the offences an
opportunity of hearing should have been provided to the petitioner
and other accused persons. Referring to Section 531 (2) (a) of the
BNS, he submits that since the protest petition by the complainant
has been filed on 09.12.2024, the provisions of the Code of Criminal
Procedure will not be applicable.
3. Issue notice to the opposite parties.
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4. Notice on behalf of opposite party no.1 is accepted by Ms. S.
Moharana, learned Additional Standing Counsel.
5. Requisites for issuance of notice to the opposite party no.2
through Registered Post/Speed Post with A.D shall be filed by
30.04.2025. The notice shall be issued making it returnable within
four weeks.
6. List this matter on 26.06.2025.
I.A. No. 1059 of 2025
7. Issue notice as above.
8. Accept one set of process fee.
9. Further proceeding in 1CC No. 16 of 2024 pending in the file
of the learned JMFC, Bhapur shall remain stayed till the next date.
(Savitri Ratho)
Judge
puspa
Signature Not Verified
Digitally Signed
Signed by: PUSPANJALI MOHAPATRA
Reason: Authentication
Location: Orissa High Court
Date: 24-Apr-2025 19:28:12
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