The court declined to quash an FIR under Section 482 Cr.P.C., noting that investigation is ongoing and the matter could be raised before the Trial Court.
The petition praying for quashing of the FIR was dismissed; objections to be raised before the Trial Court.
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CRLMC No.2432 of 2018 1
03. 19.02.2019
Heard learned counsel for the petitioner.
It is submitted that the content of F.I.R. in Balasore Sadar P.S. Case No.119 of 2018 does not disclose any offence and it is a counter blast to the earlier F.I.R. in Balasore Sadar P.S. Case No.91 of 2018.
It is further submitted that investigation is still under progress and parties are involved in other cases too.
Having gone through the materials available on record it appears that I.C.C. Case No.323 of 2018 having been sent U/s.156(3) of the Cr.P.C. Balasore Sadar P.S. Case No.119 of 2018 has been registered. All the contention urged here can be raised before the Trial Court at appropriate stage. Hence, at this stage, I am not inclined to invoke the inherent jurisdiction of this court U/s.482 Cr.P.C. to quash the F.I.R. in Balasore Sadar P.S. Case No.119 of 2018.
With this observation the CRLMC is disposed of.
………………………... Dr. A. K. Mishra, J.
mkp
1 issue framed by the court
Whether the FIR in Balasore Sadar P.S. Case No.119 of 2018 should be quashed under Section 482 Cr.P.C. as it is a counter blast with no disclosed offence.
2 provisions across 1 enactments
Petitioner
State of Odisha
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
