Rohita Nag v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.156 of 2011 Rohita Nag ....

Petitioner -versus- State of Orissa & another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

07.03.2022 14.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

This application under Section 482 Cr.P.C. has been filed by the Petitioner for quashment of the order dated 27.10.2010 passed by the learned J.M.F.C., Kantabanji in G.R. Case No.91 of 2006.

3.

Heard.

4.

Perused the impugned order. Since the offence alleged against the Petitioner is under Section 376 IPC and the offence is triable by the Court of Session, learned J.M.F.C. in exercise of the power under Section 323 Cr.P.C. directed to commit the case to the Court of Session.

5.

Since there is no illegality or infirmity in the impugned order, this Court is not inclined to interfere with the same. 6.

Accordingly, this CRLMC stands dismissed.

// 2 // 7.

However, liberty is given to the Petitioner to raise all the points at the time of framing of charge before the court of Sessions, if the case is pending and in that event, the Court of Session without being influenced by this order shall pass necessary order on the same.

8.

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

(S. Pujahari) Judge PKS