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2025 DAILYLAW 1676 (ORI)

SAHENAJI BEGUM v. EXECUTIVE MAGISTRATE, CUTTACK

CRLMC/3804/2025 · 2026-01-19

S K Panigrahi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3804 of 2025 Sahenaji Begum ..... Petitioner (s) Mr. Durga Prasad Jena, Advocate -versus- The Executive Magistrate, Cuttack, U.P.D & Anr. ….. Opposite Party (s) Ms. Gayatri Patra, ASC CORAM: THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI ORDER 19.01.2026 Order No. 03. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC with a prayer to quash the order dated 29.07.2025 passed by the Executive Magistrate, Cuttack, U.P.D, Cuttack in Criminal Misc. Case No.701 of 2025. 3. Learned counsel for the Petitioner submits that the Petitioner was directed to maintain status quo over the case land till disposal of the Civil Suit No.220 of 2023 pending in the Court of learned Civil Judge, Sr. Division, Salepur. 4. Learned Additional Standing Counsel brings to the notice of this Court to the letter No.400 dated 19.01.2026 issued by the office of the Inspector-in-Charge, Jagatpur Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 21-Jan-2026 18:27:27 Signature Not Verified Page 2 of 3. P.S., Cuttack U.P.D, Cuttack. The relevant portion of the said letter is extracted hereunder:- “In Inviting to reference and subject cited above, I have the honour to submit that on 27.05.2025 one Rahima Bibi-62, W/o-Lt. Sk. Sabir Mahammad of Mutarifa (Kajibajar), PS-Jagatpur, Dist-Cuttack appeared at OP and presented a written report to the effect that she has chronic land dispute with Sehnaji Begum and Sk Rahimuddin since long. She has also filed a civil suit vide NO.220/2023 before the Honble court of civil Judge (senior Division), Salipur, Cuttack in which the Honble court on 05.03.2024 passed order that the OP No. 5 (Sahenaji Begum, D/o-Mohammad Jalil of Mutarifa, Kajibazar) is hereby temporarily restrained from coming upon the B schedule property (Mouja-Mutarifa, Khata No.541/717 Plot NO.900, A0.030 dec Patita, Plot No.901 A0.022 dec patita and plot No.903 A0.043 Bagayat) till disposal of the suit. But Sehanaji Begum, D/o- Mohammad Jalil of Mutarifa constructed a new building at the disputed plot. On being protest the opposite party members abused her and threatened her for dire consequence. Basing on the report, Jagatpur PS case No.364 dt. 27.05.2025, U/s.296/351 (2)/3(5) BNS and directed SI J Nayak is entrusted for the investigation of the case. During course of investigation, IO visited the spot, examined the complt and other witnesses and recorded their statements U/s.180 BNS. Seized the connected documents in connection with civil suit vide NO. 220/2023 on production by the complt Rahima Bibi in presence of witness under the proper seizure list. Sent letter to Tahasildar, Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 21-Jan-2026 18:27:27 Signature Not Verified Page 3 of 3. Salipur on 31.05.2025 for demarcation of disputed plots. During investigation, it also came to light that complainant claiming that the opposite party member Sahenaji Begum trying to encroach upon his ancestral property by constructing house over the plot for which they are scrambling among themselves. Now the case is under investigation. 5. Considering the submissions made by the learned counsel for the Petitioner and on going through the instruction received by the learned counsel for the State, this Court does not find any infirmity in the order dated 29.07.2025 passed by the Executive Magistrate, Cuttack, U.P.D., Cuttack in Criminal Misc. Case No.701 of 2025 under Annexure-4. 6. Accordingly, the CRLMC is dismissed. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali