Dismissed

Ganga@Ghanashyam Meher v. State of Orissa

Orissa HC5 Oct 2021CRLMC/530/2015

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking quashing of cognizance and bail, the High Court of Orissa dismissed the quashment but directed the lower court to grant bail within eight weeks of surrendering on the face of voluntariness and lenient punishment.

What did the court decide?

Quashment denied. Bail granted if petitioner surrenders within eight weeks, to be decided forthwith.

Ganga@Ghanashyam Meher 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.530 of 2015

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Ganga @ Ghanashyam Meher

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…. Petitioner

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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

Order No.

05.10.2021

This matter is taken up through Hybrid Mode.

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This application under Section 482 Cr.P.C. has been filed by the Petitioner for quashment of the order dated 20.01.2015 passed by the learned J.M.F.C., Khariar in C.T. Case No.167 of 2013 wherein the learned J.M.F.C. has taken cognizance under Sections 341/294/323/506/34 IPC read with Section 25 of the Arms Act and Section 3(1)(x) of the SC & ST (PA) Act and issued N.B.W.A against him.

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Heard learned counsel for the Petitioner.

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The prosecution allegation is that the Petitioner abused the opposite party-complainant in obscene language uttering his caste name and assaulted 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

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the Opposite Party-complainant, cognizance has been taken by the court in seisin over the matter.

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Considering the facts and the submissions made, this Court is not inclined to interfere with the order of cognizance and quash the proceeding and hence disposes of this petition, but giving liberty to raise his contention that no material is there to proceed against him. Needless to say that if such a contention is raised, the same shall be addressed by the court in seisin over the matter in its own merit without being influenced by this order in any manner.

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It is submitted by the learned counsel for the Petitioner that the Petitioner being indicted in a complaint case, he be released on bail on surrendering before the court concerned.

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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 consider the bail application of the Petitioner and dispose of the same on the same day taking a lenient view considering the punishment provided and voluntary surrender of the Petitioner.

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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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PKS

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Ganga@Ghanashyam Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

Ganga@Ghanashyam Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

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