Bisikesan @ Bishikesan Sahu vs Sebati Sahu & Others ... Opposite ...
2025 Latest Caselaw 4153 Ori

Orissa High Court

Bisikesan @ Bishikesan Sahu vs Sebati Sahu & Others ... Opposite ... on 18 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLLP No.2 of 2025

     Bisikesan @ Bishikesan Sahu             ...            Petitioner
                                      Mr. S.S.Pradhan, Advocate
                                -versus-
     Sebati Sahu & others                    ...     Opposite Parties


                               CORAM:
                        JUSTICE G. SATAPATHY

                                ORDER(ORAL)

Order No.                        18.02.2025
   02.       1.        This    matter   is       taken   up   through      Hybrid

Arrangement (Virtual/Physical Mode).

2. This is a special leave to appeal by the petitioner-complainant seeking permission to prefer an appeal against the acquittal of the OPs in an application U/S. 419(4) of the Bharatiya Nagarik Surakhya Sanhita, 2023.

3. Heard Mr.Shibani Shankar Pradhan, learned counsel for the petitioner and perused the report of the learned Addl. Civil Judge(Jr.Divn.)-cum-JMFC(LR & LTV), Bargarh wherein it is stated that although one Sunita Sahu has not been described as an accused in the complaint, but as the hazira of the said accused was filed in the concerned Court on the date of recording of the accused statement, the learned trial Court proceeded with the case by recording the accused statement and judgment by showing said Sunita Sahu as

an accused, but in fact said Sunita Sahu was not an accused in the complaint, rather one Anamika Sahu who in terms of submission of learned counsel for the petitioner is stated to be dead, was an accused in the complaint.

4. In view of the aforesaid facts and circumstance, issue notice to the OPs through Speed Post/Registered Post with AD by fixing a short returnable date. Requisites for issuance of notice against OPs shall be filed within three working days.

5. List this matter on 3rd April, 2025.

The learned trial Court is also requested to send the soft copy of the LCR in ICC Case No. 99 of 2006 by the next date.

(G. Satapathy) Judge

kishore

Signed by: KISHORE KUMAR SAHOO

Location: High Court of Orissa Date: 19-Feb-2025 10:20:58