Gyanendra Khuntia @ vs Ajay Kumar Boitai .... Opposite ...
2025 Latest Caselaw 3849 Ori

Orissa High Court

Gyanendra Khuntia @ vs Ajay Kumar Boitai .... Opposite ... on 11 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.423 of 2025
                 Gyanendra Khuntia @             ....               Petitioner(s)
                 Gyanendra Kumar Khuntia
                                                      Mr. A. Mishra, Advocate
                                           -versus-

             Ajay Kumar Boitai                   ....          Opposite Party(s)



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               11.02.2025
 02.        1.        Heard.

2. Mr. Mishra, learned counsel for the petitioner submits that

the complaint is not maintainable in the eye of law in view of the

judgment of the Hon'ble Supreme Court in the case of Priyanka

Srivastava and another vrs. State of Uttar Pradesh and others

reported in (2015) 6 SCC 287 particularly because the affidavit

attached with the complaint has not been sworn, affirm and attested

either by the learned Judge concerned or by the Oath

Commissioner.

3. Issue notice to the opposite party by Speed Post/Registered

Post with A.D., fixing short returnable date. Requisites shall be

filed within three working days.

4. The learned J.M.F.C., Jajpur Road is directed to transmit

the proceeding of the I.C.C. Case No.405 of 2022 by the next date.

5. List this matter ono 27.03.2025.

6. In the meantime, the petitioner is granted liberty to move

application before the Court below seeking adjournment owing to

the fact that the matter is sub-judice before this Court. If such

application is moved before the Court below, the same shall be

considered on its own merit.

(S.S. Mishra) Judge Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 12-Feb-2025 20:03:32