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Judgment
Savitri Ratho, J
CRLMC No.2204 of 2022 & I.A. No.1753 of 2021
This application under Section 482 of Cr.P.C. has been filed by the petitioners, who are mother, cousin and two brothers of the main accused, Sushri Nag, challenging the order of cognizance dated 15.04.2019 in G.R. Case No.36 of 2019 (arising out of Gunupur P.S. Case No.14 of 2019) passed by the learned S.D.J.M., Gunupur for commission of offences punishable under Sections 376 (2) (n)/313/323/506/34 of I.P.C.
Mr. Rakesh Kumar Das, learned counsel for the petitioners submits that if assuming the allegation in the F.I.R. and charge sheet are true, the offence under Sections 376 (2) (n)/313/323//34 of I.P.C. are not made out against any of the petitioners.
Considering the above submissions, issue notice to the opposite parties.
Notice on behalf of opposite party No.1 is accepted by Ms. S.Pattanayak, learned Additional Government Advocate who shall obtain the case diary. Requisites for issuance of notice on opposite party No.2 by registered post with A.D. shall be filed by 12.12.2022, making it returnable within four weeks. One set of process fee shall be accepted.
List this matter in the week commencing 30th January, 2023.
In the interim, further proceeding in G.R. Case No.36 of 2019, pending in the Court of learned S.D.J.M., Gunupur shall remain stayed till the next date, so far as it relates to the petitioners.
Urgent certified copy of this order be granted as per rules.
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