Institute of Legal and Management Studies

While hearing an anticipatory bail matter, the Court today orally remarked that the notice should not be served through social media platforms such as WhatsApp or Twitter.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria was dealing with a case in which the person is accused of raping and is charged for the commission of offences punishable under Sections 64(2)(f), 351(2), 296 and 3(5) of BNS. When the Court asked if the petitioner's counsel had served the complainant-victim, she submitted that the complainant is not reachable and therefore, they served the notice on WhatsApp.

On this, Justice Kumar orally remarked: "No, no. No WhatsApp or Twitter. Go and serve."

The counsel submitted: "She is not responding to our WhatsApp messages. We requested the IO also. IO told us she has told him unless and until you are directed by the hon'ble Supreme Court, we will not accept your service. There is no other way."

The Court then directed the jurisdictional police to serve the victim within 2 weeks. The interim order that no coercive steps should be taken against the petitioner shall continue.

The allegations before the High Court of Odisha, which rejected the petitioner's anticipatory bail, were that there is a series of litigation inter se between the parents, and that the complainant has been used as a scapegoat by the mother in raising a false case against the petitioner, who is the father of the victim. After perusing the victim's statement, the High Court refused to grant bail.

Case Details: MANOJ KUMAR MOHANTY v STATE OF ODISHA AND ANR|SLP(Crl) No. s/2025

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