Lalita Sahu vs State Of Odisha And Another

M.S. Sahoo, J

Heard learned counsel for the petitioner as well as learned Standing Counsel and learned counsel for Opposite Party No.2.

Learned counsel for opposite party no.2 brings to the notice of the Court the order dated 10.03.2023 passed by a coordinate Bench of this Court by which TRPCRL Nos. 32 & 33 of 2022 were dismissed on contest. The said petitions were filed by the present petitioner the opposite party being the same as in the present petition.

Paragraph-9 of the order dated 10.03.2023 is quoted herein :

“9. Resultantly, both the transfer applications stand dismissed on contest, but in the circumstances, no order as to costs. However, if the petitioner really wants that these cases should be tried and disposed of by same court, she may renew her prayer for transfer of the criminal case instituted by her at Bhadrak to the Court at Cuttack.”

Learned counsel for the petitioner submits that in view of the order dated 10.03.2023 passed by coordinate Bench of this Court dismissing TRPCRL Nos.32 & 33 of 2022, the petitioner does not press this petition and only would seek a direction for trial of the ICC No. 674 of 2017 pending and tried by learned court wherein ICC Nos. 673, 675 & 676 of 2017 instituted by the present opposite party no.2, are pending.

Learned counsel for opposite party no.2 submits that since the prayer made by the learned counsel for the petitioner is without prejudice to any of the parties, the same may be allowed.

Accordingly, prayer made in the present TRPCRL is not pressed by the petitioner, the petition is dismissed. However, it is directed that ICC No. 675 of 2017 pending in the court of learned J.M.F.C., Cuttack shall be tried along with ICC Nos. 673, 675 & 676 of 2017.

Ordered accordingly.

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