The court directed the Executive Magistrate to dispose of a show-cause notice under Section 107 Cr.P.C. within 15 days, considering the reply filed by the petitioners. Coercive action was stayed until the Magistrate takes a final call.
Direction to Executive Magistrate to dispose of show-cause notice within 15 days; stay on coercive action.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.111 of 2024
Nirupama Das & another ..……. Petitioners
Mr. Debi Prasad Dhal, Senior Advocate
-Versus-
State of Odisha & another ..……. Opposite Parties Mr. B.K. Ragada, Additional Government Advocate CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER 08.02.2024
Order No. 01.
1. The petitioners in this petition are challenging the show-cause notice dated 01.08.2023 issued by the Executive Magistrate, Kujanga in Crl. Misc. Case No.118 of 2023 issued under Section 107 Cr.P.C.
2. Mr. Dhal, learned Senior Counsel appearing for the petitioners submits that the dispute is purely civil in nature and arising out of a civil suit being C.S. No.168 of 2023 pending before the learned Civil Judge, Kujanga. He further submits that in pursuance to the notice dated 01.08.2023 he has also filed the reply.
3. Taking into consideration the aforementioned facts, the Executive Magistrate, Kujanga is directed to dispose of the show-cause notice dated
2
01.08.2023, taking into account the reply filed by the petitioners within a period of fifteen (15) days hence.
4. Till the Executive Magistrate, Kujanga takes final call on the show-
cause notice dated 01.08.2023, no coercive action shall be taken against the petitioners.
5. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 09-Feb-2024 09:59:51
1 provisions across 1 enactments
Nirupama Das
State of Odisha
Sibo Sankar Mishra
As recorded by the court registry
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