ADM COMMANDANT Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is officiating as Adm Commandant, For Station Commander, Station Headquarters, Bhubaneswar has challenged the impugned order dated 20.10.2020 passed by the learned Sessions Judge, Khurda in Criminal Revision No.74 of 2020 by invoking jurisdiction under Section 482 of the Cr.P.C.

(2.) The necessary facts of the case, without unnecessary details, are stated as follows:-

(3.) Then, opposite party No.2 filed the revision case before the learned Sessions Judge, Khurda challenging said order of the learned S.D.J.M., Bhubaneswar in handing over military custody of opposite party No.3. The learned Sessions Judge in the impugned order set aside the order of the learned S.D.J.M., Bhubaneswar. The operative portion of the order of the learned Sessions Judge is reproduced below: