Malati Bewa @ Malati Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2620 of 2021

1. Malati Bewa @ Malati Majhi

2. Udhab Majhi ....

Petitioners Ms. Aditi Hota, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel Mr. D.K. Mohapatra, Advocate for the informant

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.03.2022 04.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

Learned counsel for the petitioners submitted that Chhendipada P.S. Case No. 517 of 2020 corresponding to G.R. Case No. 898 of 2020 is pending before the learned J.M.F.C., Chhendipada not before S.D.J.M., Angul as mentioned in the cause title of the application. This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Chhendipada P.S. Case No. 517 of 2020 corresponding to G.R. Case No. 898 of 2020 pending before the learned

// 2 // J.M.F.C., Chhendipada for the commission of the alleged offences punishable under sections 420, 468/34 of the Indian Penal Code.

Considering the submission made by the learned counsel for the petitioners that the dispute between the parties is basically civil in nature and that the offences are triable by Magistrate and further fact that the petitioners have been granted interim protection since 18.03.2021 and there is no material that they have misutilized their liberty, the interim order dated 18.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo