Hrushikesh Nayak Vs State of Odisha

Instant revision is filed by the petitioner assailing the impugned order dated 11^th August, 2025 as at Annexure-6 in 1CC Case No.11 of 2025 on the grounds stated.

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Narrating the facts pleaded on record with reference to Annexures-1, 2 and 3, the last one being lodged by opposite party No.2, it is submitted by Mr. Nayak, learned counsel for the petitioner that the learned court below has taken cognizance of the offences without any notice to the petitioner and hence, there is non-compliance of Section 223 BNSS and 1^st proviso thereto and therefore, the impugned order at Annexure-6 is liable to be interfered with and set aside. In support of the contention alleging falsehood against opposite party No.2, Mr.

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Nayak, learned counsel cited a decision of the Apex Court in Pradeep Kumar Kesarwani Vrs. The State of Uttar Pradesh and another in Criminal Appeal No.3831 of 2025 and guidelines issued therein to be followed while considering matters exercising powers under Section 482 Cr.P.C.

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Recorded the submission of Mr. Ray, learned AGA for the State.

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The first FIR i.e. Annexure-1 is lodged at the instance of the wife of the petitioner and the second one at Annexure-2 by the daughter against mother and son of opposite party No.2 and the last one by opposite party No.2 alleging rape against the petitioner. Mr. Nayak, learned counsel for the petitioner submits that since the wife of the petitioner had elicit relationship with son of opposite party No.2 and it was revealed by their daughter, who lodged the FIR i.e. Annexure-2, the subsequent FIR i.e. Annexure-3 was lodged by opposite party No.2 alleging falsehood, nevertheless, a final report was received by the learned court below as per Annexure-4, consequent upon which, the complaint was entertained leading to the passing the impugned order i.e. Annexure-6 and it has been without complying Section 223 BNSS.

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On a bare reading of 1^st proviso to Section 223 BNSS, the Court finds that a Magistrate having jurisdiction while taking cognizance of offence on complaint shall examine the complainant and witnesses present, if any and to reduce it in writing the substance of such examination but no such

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cognizance of an offence shall be taken by him without giving the accused an opportunity of having been heard. In the case at hand, as it appears, on a reading of Annexure-6, the learned court below while entertaining the complaint of opposite party No.2 did not issue any notice to the petitioner as the same is statutorily mandated as per Section 223 BNSS. In such view of the matter, recording the submissions of learned counsels for the respective parties, the Court is of the view that the learned court below should be directed to comply Section 223 BNSS and thereafter, to deal with the complaint according to law.

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8. Hence, it is ordered.

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In the result, the revision petition stands allowed. As a necessary corollary, the impugned order dated 11^th August, 2025 at Annexure-6 is hereby set aside with a direction to learned J.M.F.C (CITY), Balasore to hear the petitioner, who shall before him on 24^th September, 2025 in terms of Section 223 BNSS and thereafter, to pass necessary order as per and in accordance with law.

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Urgent copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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Signature Not Verified

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Digitally SignedRojina Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 12-Sep-2025 11:00:33

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Hrushikesh Nayak v. State of Odisha

Case brief

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Hrushikesh Nayak v. State of Odisha

Case brief

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