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Orissa High CourtCRLREV/360/2022disposed off

Rajkishore Jena v. Tahasildar, Pipili

2022-10-11Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRL.REV No.360 of 2022 Rajkishore Jena ....

Petitioner Mr.K.P. Mohanty, Advocate -versus1. Tahasildar, Pipili

2. Upendra Baral ....

Opp. Parties Mr. Rajesh Tripathy Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.10.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). The petitioner has filed this revision petition challenging the order dated 20.06.2022 passed by the learned Executive Magistrate, Pipili in Crl. Misc. Case No.08 of 2022.

Learned counsel for the petitioner submits that since there is no bar for initiating a fresh proceeding under section 144 of Cr.P.C. by the 1st party member, the petitioner herein and since there is apprehension of breach of peace and danger to the life of the petitioner and his family members, in spite of dropping of the earlier proceeding under section 144

// 2 // of Cr.P.C. by the learned Executive Magistrate, Pipili as per order dated 20.06.2022 passed in Crl.Misc. Case No. 08 of 2022, he intends to withdraw this revision petition with liberty to approach the concerned Court.

In view of such submission, this Crl.Revision is disposed of giving liberty to the petitioner to file a fresh application initiating fresh proceeding under section 144 of Cr.P.C. and if such an application is moved, the same shall be dealt with in accordance with law.

With the aforesaid observation, the Crl.Revision stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo