Dr. Bachaspati Dash And Another vs State Of Orissa
2022 Latest Caselaw 7257 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMC No.1488 of 2022
        Dr. Bachaspati Dash and Another           ....             Petitioners
                                                   Mr. L. Mishra, Advocate

                                       -Versus-

        State of Orissa                           ....          Opposite Party
                                                          Mr. S. Mishra, ASC
                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK
                                      ORDER

Order                                09.12.2022
No.
08.     1.       Heard learned counsel for the petitioners and learned
        counsel for the State.

2. It is submitted by learned counsel for the petitioners that the case is covered by judgment of this Court in CRLMC No.4249 of 2009 and batch of cases (Dr. Sudhir Kumar Brahma Vrs. State of Odisha) and therefore, the criminal prosecution cannot be sustained in law since because the complaint is filed not by Appropriate Authority as per the provision of the PC & PNDT Act and in accordance with the Office Memorandum of the State Government of 2007.

3. Mr. Mishra, learned counsel for the State prays for an adjournment to examine the said judgment and respond back.

4. At the above request, the matter is adjourned.

5. List on 16th December, 2022.

6. Interim order passed by this Court shall remain in force till the next date.

(R.K. Pattanaik) Judge TUDU