Sk. Tanjilur Rahman vs Mohanlal Pasoria
2023 Latest Caselaw 6303 Ori

Citation : 2023 Latest Caselaw 6303 Ori
Judgement Date : 17 May, 2023

Orissa High Court

Sk. Tanjilur Rahman vs Mohanlal Pasoria on 17 May, 2023

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       CRLMC. No. 2370 of 2023
                     Sk. Tanjilur Rahman             ...                                  Petitioner

                                                                        Mr. B.Mohanty , Advocate

                                                          -Versus -
                     Mohanlal Pasoria                      ....                       Opposite Party
                                                                      Additional Standing Counsel

                                   CORAM:
                                     JUSTICE SASHIKANTA MISHRA

                                                  ORDER

17.05.2023 Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard Mr. B. Mohanty, learned counsel for the petitioner. Mr. Mohanty, Submits that the complaint filed against him by the complainant present opposite party is not maintainable in the eye of law, since the statutory demand notice was never served upon the accused before findings of the case. Mr. Mohanty, has referred to paragraph 8 of the complaint petition wherein it is stated that the legal notice dated 08.12.2022 was returned with the endorsement 'addressee out of station returned to sender'. Mr. Mohanty, has relied upon a three judgment decision of the apex court in the case Yogendra Pratap Singh vs. Sabitri Pandey and another reported in 2014 10 SCC 71.

3. Considering the fact, that rightly or wrongly the court below has acted upon the complaint by issuing summons to the petitioner it would be proper for the said court to consider the question of maintainability raised by the accused at the first instance. The CRLMC is therefore disposed of granting liberty to the petitioner to appear before the court below within two weeks and to file an Signature Not Verified

Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 20-May-2023 11:44:35 application regarding maintainability of the complaint. If such application is filed the court below shall consider the same and dispose of the same in accordance with law after hearing the parties.

(Sashikanta Mishra) Judge

Deepak

Signature Not Verified

Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 20-May-2023 11:44:35