Mahanga Double Murder Case In Odisha: HC Extends Interim Protection For BJD MLA Pratap Jena Against Coercive Action

Cuttack: In further relief for Biju Janata Dal (BJD) MLA Pratap Jena, the Orissa High Court on Wednesday extended the interim protection from coercive action against him in the sensational Mahanga double murder case till February 1, 2024.

The High Court posted the former Law Minister’s petition challenging the order of the court of Judicial Magistrate First Class (JMFC), Salepur that had taken cognisance of offences against him as an accused in the Mahanga double murder case, to February 1.

The hearing was deferred on the basis of mutual consent of both parties, sources said. The Court directed that no coercive action be taken against Jena till the next date of hearing on February 1.

The JMFC’s order issued on September 24 2023 said, “After going through the statements of the complainant, witnesses, and other available materials on record, it found that a prima facie case punishable for the offences under sections 302, 506, 120 B of the Indian Penal Code is made against the accused Pratap Jena.”

The BJD legislator has challenged in his petition the validity of the judicial magistrate’s order on grounds of jurisdiction. The judicial magistrate had summoned Jena to appear before it in person on October 31.

However, appearing through his lawyer, Jena had filed a petition stating that he is unable to appear in person before it due to his illness. The petition said he was under treatment at Capital Hospital where the treating doctor, advised him bed rest for one month.

He further urged the court to exempt him from personal appearance as per section 205 of IPC citing illness.

On January 2, 2021, BJP leader Kulamani Baral, 75, who was the block chairman of Mahanga, and his associate Dibyasingh Baral, 80, were hacked to death by unidentified miscreants near Jankoti village in Odisha’s Mahanga tehsil while returning home by a motorbike.

The prime accused in the case, Prafulla Biswal, was also found dead under mysterious circumstances near Govindpur in Tangi of the district later.