Namita Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.2197 of 2022 Namita Sethi ....

Petitioner Mr.Lingaraj Dash, Adv.

-versusState of Odisha & Ors.

....

Opposite Parties Mr.C.S.Mishra,AGA

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

19.12.2022 01.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3.According to learned counsel for the petitioner, the petitioner is aggrieved by the action of the opposite parties in not adding the offence under Section 307 of the IPC in Balanga P.S. Case No.150 of 2022 though it has been registered for commission of offences under Sections 294/323/325/354/379/427/506/34, I.P.C. read with Section 3(1)(r)(s) 2(va) of the SC & ST (POA) Act corresponding to Special G.R.Case No.65 of 2022 pending on the file of learned Judge, Special Court (SC & ST), Nimapara. In course of argument, he submits that though the FIR has been filed but the case under Section 307 IPC has been omitted by the

// 2 // opposite party No.4 ignoring the specific allegations of attempt to murder in the F.I.R.

4. In such view of the matter, This CRLMP is disposed of directing the petitioner to approach the court in seisin over the matter and if files fresh application along with certified copy of this order within seven days hence, the said court shall consider it within a period of one month from the date of production of certified copy of this order.

5. The CRLMP is accordingly disposed of.

6. Issue urgent certified copy of this order on proper application.

( Dr. S.K. Panigrahi) Judge LB