Hrudananda Panda v. State
Case brief
What is this about?
Criminal miscellaneous compungition praying to quash FIR and proceedings. Court quashed FIR against petitioner acquitted in prior session case on same facts. Investigation to continue against co-accused.
What did the court decide?
FIR and further criminal proceedings against petitioner no.1 quashed; investigation against other accused to continue.
What the court decided
CRLMC No.2028 of 2008
- 19.04.2018
- Heard learned counsel for the respective parties.
- Learned counsel for the petitioners files the copy of the judgment passed in Sessions Case No.740 of 2007 in Court today and relying upon such judgment, he submits that on the same allegation or cause of action, petitioner no.1 has been acquitted in the above case. For that the F.I.R. and criminal proceeding in the present case need be quashed. The informant-mother-in-law filed the present complaint case against the son-in-law-petitioner no.1.
- Learned counsel for the informant submits that he has no instruction but after going through the judgment, he prayed to pass appropriate order as deemed fit and proper. He further submits that the Sessions Case No.740 of 2007 has been filed by complainant-sister-in-law of petitioner no.1 against petitioner no.1.
- Considered the submissions of the learned counsel for the respective parties. After going through the judgment of the Sessions Case No.740 of 2007, it appears that the State had filed the case against present petitioner no.1 on the allegation of his sister-in-law and in that case, the allegation was made for the offence under Sections 498-A and 306 of IPC. Further, it appears that after session trial, the present petitioner no.1 got the order of acquittal under Section 235(1) Cr.P.C. On going through the present complaint, it appears that the mother-in-law of petitioner no.1 is the complainant against petitioner no.1-Hrudananda Panda along with other co-accused person and the allegation is made for the offence under Sections 498(A)/506/ 406/ 302/120(B)/294/34 of IPC on the occurrence as alleged in Sessions Case No.740 of 2007. This complaint was sent for investigation by I.I.C. Mahila P.S. under Section 156(3) Cr.P.C. It
Issues for consideration
3 issues framed by the court
Whether FIR and criminal proceedings should be quashed against a petitioner who has been acquitted on the same cause of action in a prior session trial.
Whether investigation should continue against co-accused persons despite the acquittal of the petitioner.
Whether the investigating agency is bound to consider the acquittal judgment during the pending investigation.
Parties & counsel
- petitioner
Hrudananda Gangadhar Panda
- respondent
Mother-in-law
Coram
Dr. D.P. Choudhury
Case details
As recorded by the court registry
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