Cuttack: Justice B P Routray of the Orissa High Court has recused from hearing the petition of BJD MLA and former Minister Pratap Jena challenging the order of a lower court in the sensational Mahanga double murder case.
As per reports, the hearing in the case will now be held by another bench of the High Court after recusal of Justice Routray. The Chief Justice of the High Court would soon decide the bench for hearing the plea of former Law Minister Jena.
Meanwhile, the interim relief for the Biju Janata Dal (BJD) MLA will continue to remain in force. The HC has extended the interim protection from coercive action against him in the Mahanga double murder case.
In his petition, Jena has challenged 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.
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.
