Sumanta Pradhan & Others vs Mamata Pradhan
2022 Latest Caselaw 7030 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMC No. 2610 of 2022

            Sumanta Pradhan & Others                ....             Petitioners
                                                    Mr. A.K.Pandey, Advocate


                                         -Versus-


            Mamata Pradhan                           ....         Opposite Party



                        CORAM:
                        JUSTICE R.K.PATTANAIK

                                        ORDER

Order No.                              01.12.2022


 01.        1.      The State is not a party in the present case. Mr. Pandey,

learned counsel for the petitioners is directed to implead the State as a party since there is an order of the learned court below for registration of a case after an order under Section 156(3) Cr.P.C. later to the filing of the complainant in I.C.C. Case No. 201 of 2022.

2. Mr. Pandey, learned counsel for the petitioners cites decisions in case of Priyanka Srivastav & Anr. Vrs. State of U.P. reported in AIR 2015(SC) 1758 and another, in the case of Supriya Devi Vrs. State of Bihar 2079 OCR 257 to contend that the complainant is not supported by an affidavit and that apart, there has been no compliance of Section 154(3) Cr.P.C.

3. Mr. Praharaj, learned counsel for the State is directed to examine the judgments of the Apex Court which have been relied upon by Mr. Pandey, learned counsel for the petitioners and to respond back on the next date.

4. A copy of the petition be served on Mr. Praharaj, learned counsel for the State in course of the day as prayed for.

5. List on 5th December, 2022.

(R.K.Pattanaik) Judge

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