JUDGMENT :

Bibhu Prasad Routray, J.

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:-

Opposite party No. 3, Soumya Ranjan Pati is presently serving as Major of 17 Sikh L.I. in Indian Army. He married to opposite party No. 2, namely, Tejesmita Mohapatra in the year 2013. On 7.10.2020, she lodged the F.I.R. in Bhubaneswar Mahila P.S. Case No. 58 dated 7.10.2020 against opposite party No. 3 and others alleging commission of offences under Sections 498-A/323/326/307/406/506/34/120-B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. On 8.10.2020, opposite party No. 3 was arrested in connection with the said case and produced before the learned S.D.J.M., Bhubaneswar. Then a petition was filed by the present petitioner praying to deliver opposite party No. 3 to military custody under the provisions of Section 104 of the Army Act read wi