Dismissed

Sibaram Sahu v. State of Orissa

Orissa HC5 Oct 2021CRLMC/529/2015

Case brief

AI extract

What is this about?

Petitioner sought quashing of cognizance order and bail under Sec. 482 CrPC in SC/ST case. Court refused to quash cognizance but directed courts to consider sanction issues at charge framing. Bail granted subject to surrender within eight weeks.

What did the court decide?

Bail granted on surrender before the court in seisin within eight weeks; prayer for quashing of cognizance order dismissed.

Sibaram Sahu Vs State of Orissa — Caste Atrocities | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.529 of 2015

Sibaram Sahu

Petitioner

-versus-

State of Odisha & another

¶7

…. Opposite Parties

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CORAM:

¶9

THE JUSTICE S.PUJAHARI

Order No.

ORDER 05.10.2021

This matter is taken up through Hybrid mode.

¶14

Heard learned counsel for the Petitioner and learned counsel for the State.

¶15

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 20.01.2015 passed by the learned J.M.F.C., Khariar wherein learned J.M.F.C. has taken cognizance under Sections 341/294/506/34 IPC read with Section 3(1)(x) of the SC & ST (PA) Act and issued N.B.W.A against him.

¶16

The prosecution allegation is that while the Petitioner was working as I.I.C. did not accept the F.I.R. against the accused for the aforesaid offence and rather abused him. However, as it appears on an allegation made by the Opposite Party-Complainant, FIR was lodged and after investigation, final report has been filed by the I.O concerned. Thereafter, on a protest petition being filed by the Opposite Party-

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complainant, cognizance has been taken by the court in seisin over the matter. The Petitioner has challenged such order of cognizance on the ground that since he is indicted while discharging his official duty, cognizance could not have been taken against him without order of sanction by the court in a complaint case.

¶20

However, the court at the stage of cognizance being concerned with a prima facie case and the question of sanction can be raised at any stage of the proceeding, this Court is not inclined to interfere with the order of cognizance but giving liberty to the Petitioner to raise all the aforesaid contentions at the time of framing of charge with a further direction to the court concerned to consider the same in a proper perspective while addressing the question of charge notwithstanding the reluctance of this Court to interfere in the order of cognizance, this petition stands disposed of.

¶21

But it is submitted by the learned counsel for the Petitioner that the Petitioner being a Government servant and having indicted in a complaint case, he be released on bail on surrendering before the court concerned. 7. Considering the aforesaid facts and the submissions made, this Court directs that if the Petitioner surrenders before the Court in seisin over the matter and moves an application for bail in the aforesaid case within eight weeks hence, the court in seisin over the matter shall allow him to go on bail on such terms and conditions as it deem just and proper.

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

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(S. Pujahari)

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Judge

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PKS

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Sibaram Sahu v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sibaram Sahu v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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