Bikash Jena@Kuna v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3302 of 2011 Bikash Jena @ Kuna ....

Petitioner versusState of Orissa and others ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

16.03.2022 07.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the order dated 17th June, 2010 passed by the learned S.D.J.M., Bhadrak in G.R. Case No.669 of 2009, taking cognizance of the offences under Sections 363 and 366 of the I.P.C. as well as the entire proceeding on the ground that the Petitioner and the Opposite Party No.2-Victim have married and living as husband and wife.

3.

Heard the learned counsel for the parties.

4.

However, prima facie case being made out against the Petitioner, this Court is not inclined to allow the prayer made in this petition.

5.

Accordingly, the CRLMC stands dismissed.

// 2 // 6.

However, liberty is given to the Petitioner to raise all the contentions at the time of framing of charge, if charge has not been framed in the aforesaid case and in that event, the court concerned shall consider the same in accordance with law.

7.

Interim order dated 17th October, 2011 passed by this Court in Misc. Case No.2180 of 2011 stands vacated. 8.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA