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2022 Supreme(Ori) 735

IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Padmanav Mohapatra – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant : P. Dasmohapatra
For the Respondent: S. Patnaik

Table of Content
1. factual background of the case presented. (Para 2 , 3 , 4)
2. arguments regarding lack of evidence against the petitioners. (Para 5 , 6)
3. court's analysis of the evidence and claims. (Para 7 , 8 , 9)
4. continuation of proceedings declared as abuse of process. (Para 10)
5. final order to quash the proceedings. (Para 11 , 12)

JUDGMENT :

CHITTARANJAN DASH, J.

1. Heard learned counsel for the parties.

2. By means of this application, the Petitioners seek to challenge the order of cognizance dated 30th March, 2016 under Annexure-2 passed in G.R. Case No.1283 of 2013 arising out of I.C.C. Case No.235 of 2015 pending in the files of learned J.M.F.C. (P), Kujanga.

3. The background facts of the case is that the complainant Namita Mohapatra presented a complaint before the J.M.F.C.(P), Kujanga alleging that one Tapas Routray of village Hansura under P.S. Kujanga district Jagatsinghpur forced his entry in the dwelling house of the complainant on 1st April, 2013 at about 8 p.m. taking advantage of the absence of her husband and demanded refund of Rs.20,000/- taken as hand loan by her husband and thereafter forcibly necked her, embarrassed and made her to lay on the ground and for

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