Dismissed

Debendra Ku.Samal v. State of Orissa

Orissa HC23 Aug 2021CRLMC/3705/2017

Case brief

AI extract

What is this about?

The bench considered an application to quash criminal proceedings in a murder case where the petitioner's body was found on a railway track. Despite the deceased's wife objecting to prosecution and supporting quashing, the court dismissed the application due to incriminating evidence of assault and the deliberate nature of abandoning the body.

What did the court decide?

CRLMC No.3705 of 2017 stands dismissed; criminal proceeding against petitioners not quashed.

Debendra Ku.Samal Vs State of Orissa — Quashing and FIR | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.3705 of 2017

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Debendra Kumar Samal & others

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…. Petitioners

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-versus-

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State of Odisha & another

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…. Opposite Parties

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CORAM: JUSTICE S.PUJAHARI

ORDER

23.08.2021

Order No.

This matter is taken up through hybrid mode.

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This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the criminal proceeding in G.R. Case no.415-A/2016 in connection with Tirtol P.S. Case No.109 of 2016 pending in the court of learned S.D.J.M., Jagatsinghpur.

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The prosecution allegation reveals that the Petitioners have brutally assaulted the deceased and his body was left on the railway track. As a dead body of the deceased was received from the railway track, an U.D. case was registered in the concerned G.R.P.S. and the post-mortem report was conducted which reveals that the cause of death of the deceased is due to Cranio cerebral injury arising out of its complications and the injuries are ante-mortem in nature and could have been caused by hard, rough and blunt trauma. On receipt of such report, the A.S.I., Paradeep G.R.O.P. send the same to the Tirtol Police Station for

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registration of a case. Pursuant to which Tirtol P.S. Case No.109 dt.6.4.2016 was registered and charge-sheet was submitted indicating the Petitioners as the accused persons, as the deceased did not die of any railway accident in the railway track.

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Learned counsel for the Petitioners submits that the Petitioners have been falsely implicated in this case since the wife of the deceased submits that his husband has died an accidental death and filed an affidavit in support of the same indicating therein that she has no objection in quashing of the F.I.R. as well as the consequential proceeding. Hence, he submits that the charge-sheet submitted against the Petitioners being without any substance and as such, the criminal proceeding against the Petitioners may be quashed.

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However, the same is objected by the learned counsel for the State with the submissions that incriminating materials are available against the Petitioners indicating their involvement in a case of murder. Hence, cognizance therein and the consequential proceeding cannot be found fault with.

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Considering the available materials on record especially the fact that the dead body was left on the railway track and the post-mortem report does not reveal that the deceased died of any accident much less on rail ran over incident, this Court is not inclined to quash the criminal proceeding against the Petitioners, particularly when materials are there to show that he died being brutally assaulted by accused persons but his body was left on

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the railway track to give it a colour of death of railway accident, notwithstanding the concession given by the wife of the deceased in the affidavit.

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7. Accordingly, the CRLMC stands dismissed.

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Urgent certified copy of this order be granted on proper application.

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(S. Pujahari) Judge

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RKS

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Debendra Ku.Samal v. State of Orissa

Case brief

What is this about?

What did the court decide?

Debendra Ku.Samal v. State of Orissa

Case brief

What is this about?

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