Priyadarshini Amrita Panda VS Biswajit Pati

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

G. SATAPATHY
Priyadarshini Amrita Panda – Appellant
Versus
Biswajit Pati – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. B.Pujari, Advocate
For the Respondent: None

JUDGMENT (ORAL)

G. Satapathy, J.—This criminal appeal has been stated to be filed U/S. 341 of the Code of Criminal Procedure which has already been repealed w.e.f. 1st July, 2024, but this Court, however, considers it to be a petition U/S. 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, “BNSS”). The appellant, however, in essence challenges the impugned order dated 06.11.2024 passed by the learned Judge Family Court, Cuttack in Civil Proceeding No. 488 of 2018 refusing to entertain the petition of the appellant essentially U/S. 379 of the BNSS.

2. In the course of hearing, Mr.Basudev Pujari, learned counsel for the appellant by taking this Court through the impugned order submits that although the application of the appellant discloses some materials to take action against the respondent in terms of provision of Sec. 379 of BNSS, but fact remains that the learned trial Court by the impugned order has in fact not heard the appellant on the point and rather he has passed an order by observing inter alia that “the petition for initiation of criminal proceeding without authentic particular deserves no positive consideration, as such the same stands rejected”. It is furthe

Click Here to Read the rest of this document