Remanded

Paresh Chandra Paramanik v. State of Odisha

Orissa HC2 Dec 2021CRLMC/110/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court of Odisha set aside a lower court order dismissing a petition challenging an affidavit obtained under alleged duress, remanding the matter for factual examination.

What did the court decide?

The CRLMC was disposed of by setting aside the impugned order and directing the learned J.M.F.C.(O), Bhubaneswar to consider the petition seeking withdrawal of the affidavit afresh.

Paresh Chandra Paramanik Vs State of Odisha — Quashing and FIR | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 110 of 2020

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Paresh Chandra Paramanik …. Petitioner

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Mr. G.N. Mishra, Advocate -Versus -

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State of Odisha & others …. Opposite Parties Mr. P.K. Maharaj, Addl. Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA
ORDER_
02.12.2021

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Order No.

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This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

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In this application filed under Section 482 Cr.P.C., the petitioner challenges the order dated 08.11.2019 passed in G.R. Case No. 1079/2018 by learned J.M.F.C.(O), Bhubaneswar.

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It is submitted that the petitioner is the informant in the said case, wherein the present opposite parties no. 2, 3 and 4 are the accused persons. An affidavit was purportedly sworn

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by the petitioner-informant on 18.12.2019 indicating that because of the settlement between the parties, they had decided not to take any adverse steps against each other. Such an affidavit has been filed before the Court below. Subsequently, on 15.10.2019, a petition was filed by the informant-petitioner which is enclosed as Annexure-3 stating that while the petitioner was in police custody in connection with an FIR lodged against him by the present opposite parties, the signature in the affidavit was obtained by the lawyer concerned from the informant under duress and misrepresentation. On such ground the petition was filed seeking permission to withdraw the memo along with affidavit dated 08.04.2019. Learned Court below has disposed of the petition by holding the same to be devoid of any merit on the ground that once the affidavit is taken on record it cannot be withdrawn.

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Having regard to the submission made and the averments made in the petition under Annexure-3, this Court is of the view that serious allegations have been leveled by the petitioner which have not been addressed by the Court below while disposing of such petition. Since these are all disputed questions of fact, it is felt proper that the learned Court below should examine the matter and proceed accordingly. In such

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view of the matter, the CRLMC is disposed of by setting aside the impugned order and by directing the learned J.M.F.C.(O), Bhubaneswar to consider the petition enclosed as Annexure-3 afresh after giving opportunity to the parties and to pass a reasoned order thereon.

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Issue urgent certified copy as per rules.

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( Sashikanta Mishra)
Judge

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A.K. Rana

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Paresh Chandra Paramanik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Paresh Chandra Paramanik v. State of Odisha

Case brief

What is this about?

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