Orissa High Court
Chintu Kumar Agrawal & Another vs State Of Odisha & Others on 5 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 2707 of 2018
Chintu Kumar Agrawal & Another .... Petitioners
Mr. S.R.Mulia, Advocate
-Versus-
State of Odisha & Others .... Opposite parties
Mr.YSP Babu, AGA
Ms. S.Patra, Advocate for O.P.No.3
CORAM:
JUSTICE R.K.PATTANAIK
ORDER
Order No. 05.05.2023
09. 1. Heard Mr. Mulia, learned counsel for the petitioners, Mr.
Babu, learned AGA for the State-opposite party Nos. 1 & 4 and
learned counsel for opposite party No.2.
2. None appears for opposite party No.3.
3. Instant petition under Section 482 Cr.P.C. is at the behest of
the petitioners for quashing of the impugned order dated 20th
August, 2018 passed in Criminal Revision No.104 of 2018 by the
learned District Judge, Cuttack with a consequential direction to
opposite party No.2 to defreeze the bank lockers (Locker No. AG-
42 and AG-54).
4. Learned counsel for the petitioners submits that the
proceeding in G.R. Case No. 842 of 2015 corresponding to Mahila
P.S. Case No. 50 of 2015 of the file of learned SDJM (Sadar),
Cuttack has been quashed by this Courts' order dated 7th September,
2022 in CRLMC No. 333 of 2022 and hence, appropriate direction
may perhaps be issued defreezing the bank lockers after quashing the
impugned order dated 20th August, 2018 in Criminal Revision
No.104 of 2018. While contending so, Mr. Mulia, learned counsel
for the petitioners produced a copy of the order dated 7th
September, 2022 passed by this Court in CRLMC No. 333 of 2022.
5. Learned counsel for opposite party Nos. 1 & 4 and opposite
party No.2 offered no objection, whereas, the learned counsel for
opposite party No.3 was absent at the time of call.
6. Gone through the Courts' order dated 7th September, 2022
in CRLMC No. 333 of 2022. On perusal of the said order, the Court
finds that the proceeding in G.R. Case No. 842 of 2015 pending in
the Court of learned SDJM (Sadar), Cuttack was quashed in view of
a compromise between the parties and dissolution of marriage
between petitioner No.1 and opposite party No.3 by an order in
C.P. No. 374 of 2019 of the learned Family court, Cuttack vide
judgment dated 5th December, 2019. Referring to the order dated 7th
September, 2022 in CRLMC No. 333 of 2022, Mr. Mulia, learned
counsel for the petitioner submits that the impugned order dated
20th August, 2018 passed by the learned District Judge, Cuttack in
Criminal Revision No. 104 of 2018 should be set aside with a
direction to opposite party No.2 to release the bank lockers as the
original proceeding in G.R. Case No. 842 of 2015 was quashed by
this Courts' order in CRLMC No. 333 of 2022.
7. As no objection is received from opposite party No.3, the
Court is of the view that the impugned order in Criminal Revision
No. 104 of 2018 should be set aside with a further direction to
opposite party No.2 to defreeze the bank lockers as no purpose
remains to keep it seized especially after the compromise and closure
of the proceeding in G.R. Case No. 842 of 2015.
8. Accordingly, it is ordered.
10. In the result, the CRLMC stands allowed. Consequently, the
impugned order dated 20th August, 2018 in Criminal Revision No.
104 of 2018 passed by the learned District Judge, Cuttack is hereby
set aside. As a necessary corollary, opposite party No.2 is hereby
directed to defreeze the Bank lockers opened in the names of the
petitioners forthwith.
(R.K.Pattanaik)
Judge
KABITARANI MAJHI Digitally signed by KABITARANI MAJHI
Date: 2023.05.06 15:15:26 -07'00'
Kabita
