Sk.Ajam Alli@Sk.Ajim Uddin v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2620 of 2022 Sk. Ajam Alli @ Sk. Ajim Uddin ....

Petitioner Mr. Niranjan Panda, Advocate -VersusState of Odisha and another ....

Opposite Parties Mr. Pradip Kumar Rout, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

12.10.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

In the instant case the challenge is as to the proceeding initiated under Section 107 Cr.P.C. pending before the learned Executive Magistrate, Tirtol in Criminal Misc. Case No.74 of 2022 on the grounds stated therein.

3.

The petitioner has been summoned by the Executive Magistrate, Tirtol in Criminal Misc. Case No.74 of 2022, a copy of which is at Annexure-1, to appear and to show cause as to why he should not be ordered to execute a bond of Rs.10,000/- with one surety for the like amount to keep peace for a period of one year. 4.

Mr. Panda, learned counsel for the petitioner submits that without any justification, the proceeding under Section 107 Cr.P.C. has been initiated against the petitioner and issued with summons as per Annexure-1. However Mr. Panda submits that the Executive Magistrate, Tirtol may be directed to consider the show cause and

pass appropriate order later to the appearance of the petitioner in the said proceeding.

5.

Considering the limited prayer made, the CRLMC stands disposed of with a direction to the Executive Magistrate, Tirtol to consider the show cause on the appearance of the petitioner in response to the notice issued under Section 112 Cr.P.C. and pass appropriate order as per and in accordance with law after providing opportunity of hearing to the petitioner and complete the entire exercise within a period of ten days from the date of receipt of a copy of this order.

6.

Issue urgent certified copy of this order as per rule. (R.K. Pattanaik) Judge U.K.Sahoo