Fakir Charan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1595 of 2022 1 Fakir Charan Behera

2. Pratima Behera

3. Puspanjali Behera

4. Paresh Raj Behera ....

Petitioners Mr. Pratysha Naidu -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.09.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State submitted that notice on the informant is sufficient.

None appears for the informant.

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. in connection with Anandpur P.S. Case No.05 of 2022 corresponding to G.R. Case No.05 of 2022 pending in the Court of learned S.D.J.M., Anandpur for offences punishable under sections 498-A/34 of

// 2 // the Indian Penal Code.

Considering the submissions made by the learned counsel for the petitioners that petitioner no.4 is the husband and other petitioners are the in-laws of the informant, offence are triable by Magistrate, the case arises out of a matrimonial dispute and the fact that the petitioners have been granted interim protection since 28.02.2022 and there is no material that they have misutilized their liberty, the interim order dated 28.02.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P