Shanti Sahoo vs State Of Odisha & Another ... Opposite ...
2025 Latest Caselaw 6777 Ori

Orissa High Court

Shanti Sahoo vs State Of Odisha & Another ... Opposite ... on 7 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       CRLREV No.182 of 2025
     Shanti Sahoo                       ...           Petitioner
                                   Mr. P.K.Rath, Sr. Advocate
       R
                               along with Ms.S.Das, Advocate
       O
       X


                            -versus-
     State of Odisha & another          ... Opposite Parties
                                        Mr.A.K.Apat, Addl. PP

                              CORAM:
                       JUSTICE G. SATAPATHY
                            ORDER(ORAL)

07.04.2025 CRLREV No. 182 of 2025 & I.A. No.263 of 2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This criminal revision is directed against the impugned judgment dated 07.03.2025 passed by learned Addl. Sessions Judge, Jharsuguda in Criminal Appeal No. 17 of 2022 overturning the finding of the learned Addl. Civil Judge-cum-JMFC, Jharsuguda in CMC No. 121 of 2017 refusing to grant any relief to the respondent in an application U/S. 12 of the Protection of Women from Domestic Violence Act, 2005(in short, "PWDV Act").

3. Heard Mr.Prafulla Kumar Rath, learned Senior Counsel along with Ms.Shradha Das, learned counsel for the petitioner submits that although the finding recorded by original Court is in favour of the present petitioner, but the learned Appellate Court even after

observing that the parties are not in domestic relationship has ordered in favour of the respondent granting certain relief and thereby the impugned judgment being unsustainable is liable to be interfered with.

4. In view of the aforesaid submissions and looking at the prayer as advanced in the revision, this Court does not wish to interfere with the impugned judgment at once without seeking response of OP No.2. Issue notice on admission in CRLREV to OP No.2 through Speed Post/Registered Post with AD by fixing a short returnable date. Requisites for issuance of notice against OP No.2 shall be filed within three working days.

5. As an interim measure, no coercive action shall be taken against the revision-petitioner till the next date.

6. List this matter on 5th May, 2025.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 08-Apr-2025 10:32:31