Hrudananda Mahanta v. Patitapabana Mahant

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.727 of 2012 Hrudananda Mahanta & another ....

Petitioners -versusPatitapabana Mahanta & another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

09.05.2022 04.

1.

This matter is taken up by Hybrid mode.

Order No.

2.

This application under Section 482 Cr.P.C. has been filed by the Petitioners for quashment of the order dated 23.11.2011 passed by the learned S.D.J.M., Karanjia in C.M.C No.72 of 2011.

3.

It appears that Opposite Party No.1 filed a petition under Section 98 Cr.P.C. before the learned S.D.J.M., Karanjia for production of his minor girl, who stated to have been kidnapped by Petitioner No.1 and the learned S.D.J.M directed the I.I.C, Karanjia Police Station to search for the minor girl and produce before the court.

4.

It is submitted that the matter has become infructuous inasmuch as in the meanwhile the girl has already attained majority and she has married Petitioner No.1 with her own volition and staying with him happily

// 2 // 5.

Be that as it may, since the victim has become major in the meanwhile and she on her own volition remains with her husband Petitioner No.1, the impugned order cannot be sustained.

6.

Accordingly, this Court quashes the impugned order 23.11.2011 passed by the learned S.D.J.M., Karanjia in C.M.C No.72 of 2011 and allows this Criminal Misc. Case. 7.

With the aforesaid order, this CRLMC stands disposed of.

8.

Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge PKS