NITYANANDA MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

(2.) Learned counsel for the petitioners submits that on 31/3/2014 F.I.R. was registered against the petitioners under Sec. 302/34 IPC. After investigation, a closure report was filed by the Police on 31/12/2016. The Opposite Party No.2 filed a protest petition against that final report which is still pending. The Opposite Party No.2 has not taken any step to prosecute the protest petition. After about eight years of the date of incident, the Opposite Party No.2 filed a separate complaint case being 1.C.C. No.207 of 2022. He led pre-summoning evidences in the said complaint case and the court below has taken cognizance of offence under Sec. 302/34 IPC in the said complaint case.

(3.) Issue notice to the Opposite Parties. Mr. Roul, learned Additional Standing Counsel appearing for the State accepts notice on behalf of the Opposite Party No.1. Let an extra copy of the petition be served on him. Notice to Opposite Party No.2 shall be issued by Speed Post/Registered Post with A.D., requisites for which shall be filed within three working days. The notice be made returnable within three weeks.