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Judgment
S.S. Mishra, J
The petitioner is aggrieved by the order dated 15.02.2024 in G.R. Case No.214 of 2023 whereby his protest petition has been dismissed without affording him an opportunity to record his statement under Section 200 Cr.P.C. or entering into an inquiry proceeding contemplated under Section-202 Cr.P.C.
In the present case, the F.I.R. was registered by the police on 03.03.2023 and after investigation charge sheet was Final report was filed on 31.07.2023. Thereafter, the petitioner filed a protest petition on 25.01.2024 being aggrieved by the closed report.
Learned Court below, while passing the impugned order, has relied upon the statement of the witnesses recorded under Section-161 Cr.P.C. and formed an opinion that no case is made out against the accused persons. The procedure followed by the Court below is not in accordance with law. Once the protest petition is filed, it is an obligation under law that the Court shall enquire under Section 202 Cr.P.C.before issuance of process and afford an opportunity to the complainant /protest petitioner to record their statement under Section-200 Cr.P.C. The same procedure has not been followed in the present case.
Therefore, I am inclined to allow this petition. Accordingly, the order dated 15.02.2024 passed by the learned S.D.J.M., Khurda in G.R. Case No.214 of 2023 is set aside and the matter is remanded back to the learned Court below for affording an opportunity to the complainant/petitioner to lead his preliminary evidence and thereafter the learned trial Court may pass appropriate order in accordance with law.
The CRLMC is accordingly allowed.
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