Sipu @ Niharkanti Ojha vs State Of Odisha & Another .... Opposite ...
2025 Latest Caselaw 7793 Ori

Orissa High Court

Sipu @ Niharkanti Ojha vs State Of Odisha & Another .... Opposite ... on 2 September, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLREV No.472 of 2025
            Sipu @ Niharkanti Ojha                    ....           Petitioner
                                              Mr. Prabir Kumar Ray, Advocate
                                        -Versus-
            State of Odisha & another                 ....     Opposite Parties
                                                           Mr. P.K. Ray, AGA

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                       ORDER

02.09.2025 Order No.

01. 1. Heard Mr. Ray, learned counsel for the petitioner.

2. Instant revision is filed by the petitioner assailing the impugned judgment in Criminal Appeal No.24 of 2019 of the learned Additional District and Sessions Judge, Jajpur confirming the order of conviction and sentence passed in C.T. (Sessions) No.115 of 2013 by the learned Assistant Sessions Judge (STC), Jajpur on the grounds stated.

3. It is submitted by Mr. Ray, learned counsel for the petitioner that no offence under Section 376 IPC is made out since the parties have had a consensual relationship but the petitioner has been convicted for the said offence.

4. Considering such submission and the facts pleaded on record and the grounds stated, this Court is inclined to issue notice to the opposite parties.

5. Hence, it is ordered.

6. Notice.

7. Mr. Ray, learned AGA for the State accepts notice for opposite party No.1. An extra copy of the revision along with annexures is directed to be served on the State.

8. Notice to the victim, namely, opposite party No.2 by Registered Post with A.D. returnable at early date and for the said purpose, requisites shall be filed by Mr. Ray, learned counsel for the petitioner within seven days from today.

9. List this matter on 14th October, 2025 for hearing and orders.

(R.K. Pattanaik) Judge

I.A. Nos.467, 468 & 469 of 2025

02. 1. Issue notice as above.

2. Accept one set of process fee.

3. List on the date fixed.

(R.K. Pattanaik) Judge

Alok