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Judgment
Savitri Ratho, J
The postal tracking report attached to the file indicates that the item has been delivered to the addressee on 21.08.2023. Hence, on 10. 01.2024 notice on opposite party no.2 was held to be sufficient.
This application under section 439(2) of the Code of Criminal Procedure has been filed by the petitioner for cancellation of bail granted to the opposite party no.2 by order dated 16.02.2023 passed by the learned A.D.J. & Sessions Judge -cum- Special Judge (POCSO), Kendrapara in Talchua Marine P.S. Case No. 45 of 2018 corresponding to G.R. Case No. 67 of 2018 (POCSO) where charge sheet has been filed against the opposite party no.2 Sudhansu Jana for commission of offences punishable under Sections 363, 366, 506, 376(3), 376(2)(n), 34 of IPC read with Section 6 of POCSO Act.
On 31.07.2023, notice had been issued to the opposite party no.2 only. On 10.01.2024 from the postal tracking report, this Court found that the item had been delivered to the addressee on 21.08.2023 and hence notice was held to be sufficient. As none appeared for the opposite party no.2 when the matter was called, in order to give him one more chance, the matter was adjourned to 31.01.2024 and the Registry was directed to verify if any counsel had appeared for the opposite party no.2 in the meanwhile.
Office note dated 30.01.2024 indicates that no Vakalatnama has been filed on behalf of the opposite party no.2. On 31.01.2024, the matter was adjourned to 19.02.2024. No counsel appeared on behalf of the opposite party no.2 on 31.01.2024 or 19.02.2024.
As notice is sufficient on opposite party no.2, the matter is taken up for disposal today.
Mr. P.C. Jena, learned counsel for the petitioner submits that the petitioner is the principal accused in the case and Talchua Marine P.S. Case No. 45 of 2018 has been registered against him and opposite party no.3 Apu Jena for commission of offences punishable under Sections 341, 363, 506, 376(2)(i)(n), 34 of IPC read with Section 6 of POCSO Act and after completion of investigation, charge sheet dated 24. 08.2021 has been filed against the present opposite party no.2 Sudhansu Jana for commission of offences punishable under Sections 363, 366, 506, 376(3), 376(2)(n), 34 of IPC read with Section 6 of POCSO Act showing him as an absconder. Charge sheet has also been filed against proforma opposite party nos. 3 to 5 respectively Surjendu Jena @ Apu Jena @ Jean, Santanu Giri and Gouranga Mandal @ Goura for commission of offences punishable under Sections 363, 366-A, 34 of IPC. He further submits that the petitioner has approached this Court in ABLAPL No. 1183 of 2019 which has been disposed of on 22.02.2019, but the copy of the said order has not been filed along with this application.
It appears that the copy of the order passed in ABLAPL No.1183 of 2019 has not been filed with the CRLMA nor has it been supplied by the Registry. The order is not available in the website of the High Court.
List this case tomorrow (23.02.2024) along with ABLAPL No. 1183 of 2019/ disposed of on 22.02.2019. If the physical/scanned copy of the file is not available, Registry shall attach a copy of the order dated 22.02.2019 to the record.
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