Braja Ranjan Dalua And Another vs Sabitri Sabar
2023 Latest Caselaw 7256 Ori

                             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                              CRLMC No. 2850 of 2015

                    Braja Ranjan Dalua and Another              ....         Petitioners
                                                 Mr. Monoj Kumar Mohanty, Advocate
                                                  -versus-
                    Sabitri Sabar                             ....    Opposite Party
                                                                             None
                    CORAM:
                    THE CHIEF JUSTICE

                                                  ORDER

Order No. 04.07.2023

12. 1. Learned counsel for the Petitioners relying on the decision of this Court in Raj Kishore Swain v. Smt. Ranjana Moharana 2003 (I) OLR 284 and the judgment of the Supreme in Matajog Dobey v. H.C. Bhari AIR 1956 SC 44, argues that against the Petitioners cognizance could not have been taken by the J.M.F.C., Banpur for the offence under Section 354 read with 34 IPC in ICC No.3 of 2015, without prior sanction.

2. The allegations in the complaint prima facie reveal that the Petitioners in the course of searching for the husband of the complainant pulled her saree rendering her totally naked. By no stretch of imagination can this be termed as discharge of official duty by the Petitioners.

3. Having gone through the judgments cited, the Court is of the view that they are of no assistance to the Petitioners at this stage. No ground is made out for interference at this stage. The petition is

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jul-2023 16:33:25 accordingly dismissed. The interim order passed earlier stands vacated.

4. A copy of this order be communicated to the concerned trial Court forthwith.

(Dr. S. Muralidhar) Chief Justice

SK Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jul-2023 16:33:25