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Orissa High CourtTRPCRL/76/2022disposed off

Narayan Sahu@Nalu Sahu v. Kalpana Sahu

2022-09-22Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(CRL) No.76 of 2022

1. Narayan Sahu @ Nalu Sahu

2. Laxmi Sahu

3. Tikina Sahu

4. Jitendra Sahu @ Jitu Sahu ....

Petitioners Mr. Manoranjan Acharya, Advocate

Versus

Kalpana Sahu ....

Opposite Party Mr. S.S. Pradhan, AGA

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

22.09.2022 01.

(Through hybrid mode) 1.

Heard Mr. Manoranjan Acharya, learned counsel for the petitioners and Mr. S.S. Pradhan, learned Additional Government Advocate. 2.

This application under Section 407 of the Cr.P.C. has been filed by the petitioners who are the accused in I.C.C. No. 49 of 2021 for transfer of the case from the Court of learned J.M.F.C., Daspalla, to the Court of learned S.D.J.M., Nayagarh.

3.

The Court of learned J.M.F.C., Daspalla and the Court of learned S.D.J.M., Nayagarh are both under the Court of the learned Sessions Judge, Nayagarh. In view of the proviso to Section - 407 (2) of the Code of Criminal Procedure, this application is not maintainable as the petitioners have approached this Court directly without filing application before the learned Sessions Judge, Nayagarh. 4.

The TRP(CRL) is accordingly dismissed on the ground of maintainability.

5.

Urgent certified copy of this order be granted as per rules. .........................

(Savitri.Ratho) Judge puspa

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