Mama @ Bidyut Prava Khuntia vs State Of Odisha And Others
2022 Latest Caselaw 3941 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                        CRLMC No.2817 of 2003 and others

            Mama @ Bidyut Prava Khuntia              ....           Petitioner
            (In CRLMC No.2817 of 2003)
                                                   Mr. G. S. Pani, Advocate
            Sucheta Kanungo and another                           Petitioner
            (In CRLMC No.2407 of 1999)
                                           Mr. D. Nayak, Senior Advocate
            Babu @ Sk Raban Tarafdar and others               Petitioners
            (In CRLREV No.217 of 2006)
                                                  Mr. D. Panda, Advocate
            Bipin Sahoo and another                           Petitioners
            (In CRLREV No.449 of 2006)
                                                  Mr. D. Panda, Advocate
            Suratha Sethi and another                         Petitioners
            (In CRLMC No.625 of 2008)
                                                                    None
            Biswanath @ Basanta Sethi and others              Petitioners
            (In CRLMC No.1521 of 2010)
                                                                    None
                                      -versus-
            State of Odisha and others                ....    Opposite Parties
                    Mr. Janmejaya Katikia, Additional Government Advocate,
                                        Mr. D. Panda, Advocate for Informant
                                               (in CRLMC No.2407 of 1999),
                 Mr. D. P. Dhal, Senior Advocate for Informants (In CRLREV
                                                    Nos.217 and 446 of 2006)

            CORAM:

             THE CHIEF JUSTICE
             JUSTICE R. K. PATTANAIK


                                      ORDER

Order No. 12.08.2022 15 1. The Court's attention has been drawn to the judgment of the Supreme Court of India in Jile Singh v. State of Uttar Pradesh,

(2012) 3 SCC 383 where the question whether it is open to a Magistrate to issue summon to a person as an accused, on a private complaint, after committal of the case to the Sessions Court has been answered in the negative by following the decisions in Ranjit Singh v. State of Punjab (1998) 7 SCC 149, Kishori Singh v. State of Bihar (2004) 13 SCC 11 and Raj Kishore Prasad v. State of Bihar, (1996) 4 SCC 495.

2. Mr. J. Katikia, learned Additional Government Advocate as well all the learned Senior Counsel and learned counsel appearing for the parties seek time for addressing the Court further on the issue involved.

3. List on 2nd September, 2022.

(Dr. S. Muralidhar) Chief Justice

(R. K. Pattanaik) Judge

M. Panda