IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 5685 of 2025

1. Samarendra Sahoo

2. Nrusingha Charan Sahoo

3. Urbashi Sahoo

4. Geetanjali Sahoo …. Petitioners

Mr. Devashis Panda, Advocate

-versus-

1. Urjit @ Urjita Mohanty

2. State of Orissa …. Opposite Parties

Mr.Chittaranjan Swain,

Additional Government Advocate

(For Opposite Party No.2)

CORAM:

THE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

30.12.2025

Order No.

01. (Through hybrid mode)

1. The learned JMFC-IV, Bhubaneswar vide order dated 15.11.2025 in 1.C.C. Case No.6707 of 2022 has directed the Petitioners to appear before the Court for compliance of the

provision under Section 208 of the Cr.P.C.

2. Mr. Panda, learned counsel for the Petitioners submits that by order dated 12.03.2023, learned JMFC had passed an order deleting Section 307 of the IPC and directing issue of summons to the Petitioners under Sections 498-A, 294, 323, 420, 506, 507/34 of

IPC read with Section 4 of the DP Act. On 23.11.2023, the application of the Petitioners to delete the offence under Section 307 of the IPC had not been entertained on this ground. But when the case was posted for framing of charge, the learned JMFC observed that there was no direction of the Hon’ble Supreme Court for deleting Section 307 of the IPC and directed for appearance of the petitioners for compliance of Section 208 Cr.P.C. This was not permissible.

3. He submits a certified copy of the order-sheet in 1.C.C. Case No.6707 of 2022. Perused the orders dated 12.03.2023, 23.11.2023 and 15.11.2025.

4. Issue notice to the opposite parties.

5. Notice on behalf of Opposite Party No.2 is accepted by Mr. Chittaranjan Swain, learned Additional Government Advocate. Requisites for issuance of notice to Opposite Party No.1 by Speed Post with AD shall be filed by 05.01.2026. Notice shall be made returnable within four weeks.

6. List this case on 09.02.2026 along with the postal tracking report.

(Savitri Ratho) Vacation Judge I.A. No.4035 of 2025

02. 1. Mr. Panda, learned counsel for the Petitioners submits that initially the 1CC case had been posted to 28.11.2025 for the appearance of the Petitioners and was adjourned to 15.12.2025. Now it is posted to 03.01.2026. Unless the further proceedings are stayed, the learned JMFC will proceed with the matter, rendering this CRLMC infructuous.

2. Issue notice as above.

3. Accept one set of process fee.

4. In the interim it is directed that further proceeding in 1.C.C. Case No.6707 of 2022 pending in the Court of learned JMFC-IV (Cog. Taking), Bhubaneswar shall remain stayed till 13.02.2026.

5. Urgent certified copy of this order be granted on proper application.

(Savitri Ratho) Vacation Judge RKS Signature Not Verified Digitally Signed Signed by: RANJAN KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT Date: 31-Dec-2025 14:12:47