M/S. Hotel Ddain Vs State of Orissa

It is submitted by Mr. Tripathy, learned Addl. Standing Counsel on instruction that final report in Nayapalli P.S. Case No. 61 of 2018 corresponding to C.T. Case No. 552 of 2018 pending in the Court of learned S.D.J.M., Bhubaneswar has been submitted.

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Learned counsel for the petitioner submits that in such view of the matter, he is entitled to file a protest petition in accordance with law. It is further submitted that upen filing of protest petition against the final report, the said case should be tagged with ICC Case No.227 of 2017 pending in the file of learned J.M.F.C., Jajpur Road and be heard together.

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Since no protest petition has yet been filed, it would be premature for this Court to pass any orders as prayed for by the petitioner. The CRLMC is therefore, disposed of granting liberty to the petitioner to file protest petition, if so advised,

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before the concerned Court as also to move for stay of further proceeding in ICC Case No 227 of 2017 pending in the Court of learned J.M.F.C., Jajpur Road as per the provisions under Section 210 Cr.P.C. In case such application is filed, the same shall be considered in accordance with law.

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No coercive action shall be taken against the petitioner for a period of three weeks from today.

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Issue urgent certified copy as per rules.

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A.K. Rana

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( Sashikanta Mishra) Judge

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M/S. Hotel Ddain v. State of Orissa

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M/S. Hotel Ddain v. State of Orissa

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