IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.356 of 2025 Niranjan Jena …. Petitioner Mr. S. K. Dwibedi, Advocate -Versus-

Bishnu Prasad Mohapatra & …. Opposite Parties another Mr. B. Mohanty, Advocate (O.P. No.1) Mr. P.P. Behera, Advocate (O.P. No.2)

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

17.12.2025 Order No.

08. 1. Heard learned counsel for the respective parties.

2. Instant revision petition is filed by the petitioner assailing the correctness of the impugned order dated 2^nd June, 2025 passed in connection with 1.C.C. No.627 of 2021 as at Annexure-1 by the learned J.M.F.C.-III (Cog. Taking), Cuttack on the grounds stated therein.

3. Mr. Dwibedi, learned counsel for the petitioner submits that the learned court below is grossly at fault in discharging the opposite parties in terms of Section 245(2) Cr.P.C. in absence of any evidence before charge. The submission is that no evidence was received from the side of the petitioner and in absence of the same, discharge under Section 245(2) Cr.P.C. is not permissible and in support of such contention, a decision of the Apex Court in Ajaya Kumar Ghose Vrs. State of Jharkhand & another (2009) 43 OCR (SC) 228 is placed reliance on. The furth