Azam Khan v. Afrin Taslima

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2705 of 2022 Azam Khan ....

Petitioner Mr. Satyabrata Panda, Advocate -VersusAfrin Taslima ....

Opposite Party None

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

04.11.2022 Order No.

04.

1.

Heard learned counsel for the petitioner.

2.

Instant petition is filed by the petitioner assailing the order dated 5th September, 2022 passed by the learned J.M.F.C., Kantabanji in CMC No.39 of 2021 whereby the application for production of certain documents from the concerned PS was declined vide Annexure-1.

3.

Perused the copy of the impugned order as at Annexure-1. 4.

It is in relation to Domestic Violence Act pending in the court of learned J.M.F.C., Kantabanji in CMC No.39 of 2021. In fact, petitioner moved an application under Section 311 Cr.P.C. for a direction to IIC, Jonk P.S. for causing production of Station Diary Entries and other documents but the same was not entertained by the learned court below vide Annexure-1.

5.

Mr. Panda, learned counsel for the petitioner submits that the copies of the documents are available but in order to confront,

the original record should be called for from the concerned PS, however it was rejected by the learned court below. 6.

Mr. Panda, learned counsel for the petitioner submits that copies are not made available by the concerned PS. in order to show and satisfy the court below with regard to the conduct of the parties, the Court is of the view that the petitioner could collect the certified copies of the documents in question and produce it before the learned court below and as such there is no direction required to the IIC, Jonk P.S. to produce the originals. In other words, the Court is of the view that the petitioner may approach the concerned PS to obtain the certified copies of the relevant documents and produce it at the time of hearing of the D.V. proceeding. Accordingly it is ordered.

7.

Consequently, the CRLMC stands disposed of.

8.

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