IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5132 of 2025

1) Suresh Kumar Jain ..... Petitioners

2) Rakhi Sipani Represented By Adv. –

3) Siddharth Jain Sipani Mr. S.P. Mishra, Sr.Adv.

Asutosh Mohanty -versus-

1) State Of Odisha ..... Opposite Parties

2) Bimla Devi Sipani Represented By Adv. –

Mr. U.C. Jena, ASC CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.12.2025 Order No.

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

2. Heard Mr. S.P. Mishra, learned senior advocate for the Petitioner as well as learned counsel for the State. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 528 of BNSS, the Petitioner seeks quashing the entire criminal proceeding in G.R. Case No.381 of 2024 with originates from FIR No.181 of 2024 of Purighat Police Station for alleged commission of offence punishable under Sections 406/506/34 of IPC.

4. Learned Senior counsel at the outset contended that there is a dispute with regard to ancestral property among the family members. As a result of which the present criminal proceeding has been initiated at the instance of some of the family members against the other family members. In view of the nature of the dispute involved in the present case. Learned senior counsel further submitted that the entire proceeding has been instituted by the family members of the ancestral property.

5. Considering such submission, this Court is of the view that the matter requires further hearing in presence of Opposite Party No.2. Accordingly, issue notice to Opposite Parties.

6. Since Mr. Jena, learned Additional Government Advocate for State-Opposite Party accepts notice on behalf of Opposite Party No.1, let an extra copy of the brief be served on him within three working days.

7. Hence, issue notice to the Opposite Party No.2 by Speed Post with A.D. by fixing a short returnable date.

Requisites be filed within three working days.

8. List this matter in the week commencing 27.01.2026.

I.A. No.3621 of 2025

9. As an interim measure, it is directed that on an application being filed by the Petitioner seeking adjournment before the learned trial court, learned trial court shall do well to adjourn G.R. Case No.381 of 2024 for a period of eight weeks.

10. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge Sisir Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Dec-2025 16:27:39