Manjulata Behera v. Biswanath Behera
Criminal miscellaneous jurisdiction – closure of complainant's evidence
Case brief
What is this about?
CRLMC No.4502 of 2023, High Court of Orissa, Cuttack; S.S. Mishra, J.; order dated 28.08.2024. Keywords: closure of right to record evidence of complainant; I.C.C. Case No.82 of 2012; J.M.F.C. Narainghpur/Narainsghpur; order dated 03.07.2022; transfer petition T.R.P.(Crl.) No.02 of 2023; no stay of further proceeding; sufficient opportunity afforded but not availed; petitioner entitled to opportunity to lead evidence; single opportunity to record complainant's evidence; adjournment barred; statement on date fixed; CRLMC disposed of. Bench/coram: Justice Sibo Sankar Mishra (sole judge, author). Petitioner: Manjulata Behera (counsel S.K. Nayak); Opp. Parties: Biswanath Behera & others; learned counsel for the State also heard but unnamed. No statutes or precedent cases cited in the judgment.
What did the court decide?
Single opportunity directed to be afforded to the petitioner to record evidence as complainant before the J.M.F.C., with no adjournment permitted and the statement to be recorded on the date fixed by the trial court.