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2023 DAILYLAW 643 (ORI)

JIBESH KUMAR DALAI v. STATE OF ORISSA

CRLMC/5190/2023 · 2026-02-20

Miss Savitri Ratho

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 5190 of 2023 Jibesh Kumar Dalai …. Petitioners Mr. Sukanta Kumar Dalai, Advocate with Ms. Jemamani Jibanjyoti, Advocate -versus- 1. State of Odisha 2. Subhashree Sahoo 3. Union of India, represented though its Commandant, General Staff Branch …. Opp. Parties Mr. Raj Bhusan Dash, Additional Standing Counsel None (for O.P. No.2) Mr. Rituranjan Chhotaray, Advocate CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 20.02.2026 (Through hybrid Mode) 11. 1. This CRLMC has been filed with the following prayer:- “It is therefore humbly prayed that this Hon'ble Court may kindly be graciously pleased to admit the petition and upon hearing the parties this Hon'ble Court may kindly be pleased to quash the dtd.23.09.2023 passed in Criminal Revision No.24/42 of 2023/2022 arising out of Order dtd.27.07.2022 and cognizance order dtd. 2.8.2019 passed by Nyayadhikari Gram Nyayalaya, Bramhagiri G.R. Case No.2358 of 2018 arising out of Bramhagiri P.S. Case No.166 of 2018 and to direct for reinvestigation u/s – 173(8) of Cr.P.C. to secure ends of justice. And pass any other order/orders, direction/directions as this Hon'ble Court may deem fit and proper. And for such act of kindness the petitioner shall as in duty bound ever pray.” 2. Ms. Jemamani Jibanjyoti, learned counsel appearing on behalf of Mr. Sukanta Kumar Dalai, learned counsel for the Petitioner draws attention of this Court to order dated 02.08.2019 where charge sheet under Sections 498-A, 494, 495, 506 of IPC was received in the Court against the Petitioner. In the certified copy of the order which is a typed copy, it has been inter alia mentioned that “hence copy of offence is taken under Section 498-A, 494, 495, 506 of IPC”. (emphasis supplied) 3. Mr. Rituranjan Chhotaray, learned counsel for the Opposite Party No.2 submits that in the meanwhile the application of the petitioner filed under Section 239 of Cr.P.C. for discharge has been rejected by order dated 20.06.2022. 4. This application has been filed in the year 2023, challenging the order taking cognizance of the offences against the Petitioner and for further investigation, after the application of the Petitioner for discharge has been rejected on 20.06.2022, I am therefore not inclined to entertain this CRLMC and it is accordingly dismissed. 5. It is open to the Petitioner to challenge the order dated 20.06.2022, if so advised. 6. It is clarified that this Court has not gone into the merits of the case of the Petitioner. 7. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer