Ajaya Kumar Sahu v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.6003 of 2014 Ajaya Kumar Sahu and others ....

Petitioners Mr. A. Tripathy, Advocate -versusState of Orissa and another ....

Opposite Parties Mr. I. Mahanty, ASC

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

22.07.2022 05.

1. Despite service of notice on Opposite Party No.2 and she being represented by Mr. J. N. Panda, learned counsel, none is appearing today on her behalf despite a pass over.

2. The principal contention of the Petitioner is that the Petitioner and Opposite Party No.2 resided last together in Delhi and earlier they were residing in Mundamarai District Ganjam and yet, a complaint has been filed in the Court of J.M.F.C., M. Rampur, Kalahandi. It is pointed out that there is nothing in the complaint, which indicates that any part of the cause of action arose within the jurisdiction of the J.M.F.C., M. Rampur.

3. Indeed, a perusal of the complaint does not show any part of the cause of action arose within the jurisdiction of that Court. It appears that since the complainant and her parents are residing within the jurisdiction of that Court, they have filed the complaint there. Without examining this aspect of the matter, the J.M.F.C.,

M. Rampur has proceeded to issue the order dated 26th July, 2014 taking cognizance of the offence in 1CC No.27 of 2013 against the Petitioners.

4. In that view of the matter, the said 1CC No.27 of 2013 and the order dated 26th July, 2014 of the J.M.F.C., M. Rampur are hereby quashed.

5. The CRLMC is accordingly disposed of.

6. The Superintendent of the concerned Branch is directed to immediately communicate this order to the concerned Subordinate Court.

(Dr. S. Muralidhar) Chief Justice M. Panda