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2025 Supreme(Online)(Ori) 2100

ORISSA HIGH COURT
Aditya Kumar Mohapatra, J
Ashish Kumar Jena – Appellant
Versus
Dhirendra Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mukesh Panda
For the Respondents: Kashinath Pattnaik, M. Khan, T. Ram, L. Mallick, S. Tarai, A. Sahoo, Amrut Baral, S. K. Mohanty

ORDER

04.08.2025 Order No.

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

2. Heard learned counsel for the Petitioner as well as the learned counsel for Opposite Party Nos. 1 & 2. Perused the Application as well as the documents annexed thereto.

3. By filing the present Application under section 528 of BNSS, 2023, the Petitioner seeks to invoke the inherent power of this Court to quash the order dated 21.01.2025 under Annexure-1 passed in MIsc.Case No.08 of 2025 by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Cuttack thereby withdrawing the case record of I.C.C.Case No.17 of 2024 from the Court of the learned J.M.F.C.-IV (Cog. Taking), Cuttack and the same has been transferred to the Court of the learned J.M.F.C.

(City), Cuttack) for disposal in accordance with law.

4. Learned counsel for the Petitioner at the outset contended that while I.C.C.Case No.17 of 2024 pending before the learned J.M.F.C.-IV (Cog.Taking), Cuttack, application was filed purportedly under section 309 Cr.P.C. At the instance of Opposite Party No.1 and the same was registered as Misc.Case No.08 of 2025. A copy of the application has also been filed along w

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