Sabyasachi Mishra vs Lopamudra Mishra
2022 Latest Caselaw 3671 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               TRP (CRL) No.12 of 2018

                 Sabyasachi Mishra                       ....              Petitioner
                                                    Ms.Itishree Tripathy, Advocate
                                            on behalf of Mr. B.K.Sharma, Advocate
                                             Versus
                 Lopamudra Mishra                        ....             Opp. Party
                                                Mr.Rasmikanta Acharya, Advocate

                       CORAM:
                         JUSTICE SAVITRI RATHO

                                            ORDER

03.08.2022 Order No.

06. TRP (CRL) No.12 of 2018, Misc. Case No.14 of 2018 And I.A. No.21 of 2022

This matter is taken up through hybrid mode.

2. This application has been filed by the petitioner-wife under Section 407 of Cr.P.C. for transfer of I.C.C. (GN) No.27 of 2017 from the Court of learned Nyayadhikari, Gram Nyayalaya, Ghasipura, Keonjhar to the Court of learned S.D.J.M., Bhubaneswar.

3. Notice had been issued to the sole opp. party by order dated 08.03.2018. By order dated 20.09.2019, further proceeding in I.C.C. (GN) No.27 of 2017 had been stayed by this Court and this interim order has been extended by orders dated 01.11.2019 and 08.11.2019.

4. I.A. No.21 of 2022 has been filed by the petitioner for extension of interim order dated 20.09.2019 stating therein that on the basis of the judgment of the Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency v. Central Bureau of Investigation, the trial Court proceeded with the matter and on 24.08.2019, one witness had been

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examined on behalf of the complainant. It has also been stated in the said petition that the petitioner is suffering from Acute Nacrotizing Pancreatitis, for which, he has undergone Plastic Stenting on three occasions and has been admitted in the hospital sporadically from August 2020 to March 2022.

5. Mr. Rasmikanta Acharya, learned counsel for the opp. party states that a copy of the aforementioned I.A. has not been served on him and he wants to take instruction and file objection to the I.A. with regard to present status of the case.

6. Learned counsel for the petitioner is directed to serve a copy of the I.A. on learned counsel for the opp. party by 10.08.2022.

7. List this matter on 23.08.2022.

.........................

Savitri Ratho Judge

Bichi