PRIYADARSHINI SAMANTARAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 15/2/2024 in G.R. Case No.214 of 2023 whereby his protest petition has been dismissed without affording him an opportunity to record his statement under Sec. 200 Cr.P.C. or entering into an inquiry proceeding contemplated under Sec. -202 Cr.P.C.

(2.) In the present case, the F.I.R. was registered by the police on 3/3/2023 and after investigation charge sheet was Final report was filed on 31/7/2023. Thereafter, the petitioner filed a protest petition on 25/1/2024 being aggrieved by the closed report.

(3.) Learned Court below, while passing the impugned order, has relied upon the statement of the witnesses recorded under Sec. -161 Cr.P.C. and formed an opinion that no case is made out against the accused persons. The procedure followed by the Court below is not in accordance with law. Once the protest petition is filed, it is an obligation under law that the Court shall enquire under Sec. 202 Cr.P.C.before issuance of process and afford an opportunity to the complainant /protest petitioner to record their statement under Sec. -200 Cr.P.C. The same procedure has not been followed in the present case.