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Orissa High CourtCRLMC/743/2021disposed off

Liti@Lili@Pritimayee Sahu v. State Of Odisha

2022-02-22Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 743 of 2021 Liti @ Lili @ Pritimayee Sahu ....

Petitioner Mr. D.K. Sahoo, Advocate

Versus

State of Odisha & Another ....

Opposite Parties Mr. P.K. Mohanty, A.S.C.

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

22.02.2022

02. 1.

This matter is taken up through hybrid mode.

2.

Mr. P.K. Mohanty, learned Addl. Standing Counsel submits that he has received a copy of the petition, hence defect no.6 pointed out by Stamp Reporter is ignored.

3.

Heard Mr. D.K. Sahoo, learned counsel for the petitioner and Mr. P.K. Mohanty, learned Addl. Standing Counsel for the State.

4.

This is an application under section 482 of the Code of Criminal Procedure filed by the petitioner for challenging the order dated 08.10.2020 passed by the learned S.D.J.M., Angul in G.R. Case No.1507 of 2020 taking cognizance of offence under Sections 498-A/294/506/34 of IPC and Section 4 of the D.P. Act. While taking cognizance of the aforesaid offences the learned S.D.J.M. has observed that a case under Section 498-A/294/34 of the IPC is well made out against the petitioner.

5.

Mr. Sahoo, learned counsel for the petitioner brings to the notice of the Court the order dated 02.02.2022 passed in CRLMC No.744 of 2021 where it has been observed that as the trial is in

// 2 // advanced stage, liberty has been granted to the petitioner in that case to approach the trial Court seeking discharge him the offences levelled against him while framing of charges. 6.

Since the petitioner is the co-accused in the said case and she is a sister-in-law of the informant, liberty is granted to her to move an application for discharge at the time of framing of charge if charge has not framed and an application for discharge is filed, the learned trial Court shall consider the same in accordance with law.

7. With the aforesaid observation, the CRLMC is disposed of.

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

.........................

(Savitri Ratho) Judge Sukanta