Uttam Ku.Apat v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2824 of 2013 Uttam Kumar Apat ....

Petitioner -versusState of Odisha and another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

29.07.2022 09.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

Mr. S.P. Mishra and associates have entered appearance on behalf of the Informant-Opposite Party No.2 and files Vakalatnama along with the affidavit in Court today. The same be taken on record.

3.

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant. 4.

A report has been received from the local police that the materials on record would show that the victim is a major girl on the date of occurrence as per the instruction of the local police as submitted by the counsel for the State. The same also reveals that she is staying with the present Petitioner as his wife. Moreover, charge-sheet has been filed wherein the Petitioner's name has not been found place for commission of alleged offences under Sections 366/376 of I.P.C. In other

// 2 // words, he has not been charge-sheeted. However, his family members have been charge-sheeted for commission of offence under Sections 294/506 of I.P.C. read with Section 34 of I.P.C. in the aforesaid case.

5.

Since in the Final Form filed under Section 173 Cr.P.C., the Petitioner has not been impleaded as an accused nor the court in seisin over the matter has proceeded against him, the CRLMC stands disposed of as infructuous. (S. Pujahari) Judge Uks