[Cites 2, Cited by 0]
Orissa High Court
Jyoti Ranjan Pradhan vs State Of Odisha & Anr. ..... Opp. Parties on 29 November, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5050 of 2025
Jyoti Ranjan Pradhan ..... Petitioner
Represented By Adv. -
Prateik Parija
-versus-
State Of Odisha & Anr. ..... Opp. Parties
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
29.11.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Party No.1. Perused the application
as well as the prayer made therein.
3. By filing the present application under Section 528 of the
BNSS, the Petitioner seeks the entire criminal proceeding arising
out of F.I.R No.456 which was lodged at Bari Ramchandrapur P.S
on 17.11.2025 where alleged commission of offence punishable
under Sections 85, 351(2), 3(5) of the BNS, 2023 read with
Section 4 of the D.P. Act, 1961 and the same corresponds to C.T
Case No.231 of 2025, now pending in the court of learned Civil
Judge Junior Division-cum-J.M.F.C., Baripal.
4. Learned counsel for the Petitioner at the outset contended
that the Petitioner married to the Opposite Party No.2 on
23.01.2022. Thereafter, they stayed together for few days
whereafter the Opposite Party No.2 abandoned the Petitioner.
While this was the position, the Opposite Party No.2 fled away
with her love. Despite the best attempt by the Petitioner, the
Opposite Party No.2 did not come back. In the meantime, an
application was filed before the learned Judge, Family Court,
Cuttack for dissolution of the marriage under Section 13 of the
Hindu Marriage Act, 1955.
5. At this juncture, learned counsel for the Petitioner, referring
to the judgment dated 08.11.2023 passed in Civil Proceeding
No.78 of 2023 by the learned Judge, Family Court, Cuttack,
submitted before this Court that the marriage has been dissolved
by grant of a decree of divorce, that too without any alimony
being awarded to the Opposite Party No.2. In such view of the
matter, learned counsel for the Petitioner contended that the
present F.I.R which has been lodged at the instance of the
Opposite Party No.2-informant is a false and fabricated one and
the sole intention of the Opposite Party No.2 is to harass the
Petitioner in one way or the other.
6. Taking into consideration the aforesaid factual background,
this Court is of the view that the matter requires further
examination in presence of the informant-Opposite Party No.2.
7. Hence, issue notice to the Opposite Parties.
8. Since Mr. Parhi, learned Additional Standing Counsel for
State-Opposite Party accepts notice on behalf of Opposite Party
No.1, let an extra copy of the brief be served on him within three
working days.
9. Issue notice to the Opposite Party No.2 by Speed Post with
A.D. fixing a short returnable date. Requisites be filed within
three working days.
10. List this matter in the week commencing 19.01.2026.
11. Heard learned counsel for the Petitioner as well as learned
counsel for the State. Perused the application.
12. Learned counsel for the Petitioner at the outset contended
that the Petitioner apprehends arrest at the instance of the
Opposite Party No.2.
13. Considering such submissions, it is directed that no coercive
action shall be taken against the Petitioner till the next date in
connection with FIR No.456 lodged in Bari Ramchandrapur P.S
on 17/11/2025 corresponding to C.T Case No.231 of 2025.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 29-Nov-2025 13:12:28
