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Orissa High CourtTRPCRL/77/2022disposed off

Naba Sahu v. State Of Odisha

2022-09-22Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(CRL) No.77 of 2022 Naba Sahu ....

Petitioner Mr. Manoranjan Acharya, Advocate

Versus

1. State of Odisha

2. Kalpana Sahu

3. Ganesh Sahu ....

Opposite Parties 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 petitioner 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 petitioner (accused /opposite party therein) for transfer of G.R. Case No. 98 of 2017 and C.M.C. No. 34 of 2018 from the Court of learned J.M.F.C., Daspalla, to the Court of learned S.D.J.M., Nayagarh. 3.

The Court of the learned J.M.F.C., Daspalla and the learned Court of learned S.D.J.M., Nayagarh are both under the Court of the learned Sessions Judge, Nayagarh , but no application has been filed in the said Court , before approaching this Court. In view of the proviso to Section 407(2) of Cr.P.C., the TRP(CRL) is not maintainable in this Court . 4.

One application has been filed for transfer of two different case cases, but it is not necessary to go into that aspect now, as the application is not being entertained.

5.

The TRP(CRL) is accordingly dismissed as not maintainable . 6.

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

(Savitri.Ratho) puspa Judge

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