Prem Narayan Singh Parihar @ Pintu v. State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.540 of 2021

Prem Narayan Singh Parihar @ …. Petitioner Pintu

M/s. Babita Sahu, Advocate

-versus-

….
State of Odisha Opposite Party
Mr.S.K.Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
21.12.2021.
Order No.
1. This matter is taken up through hybrid mode.
2. Heard M/s. Babita Sahu, learned counsel for the Petitioner,
and Mr.S.K.Mishra, learned Addl. Standing Counsel for the
State.

1. This is an application under Section 482 of the Cr.P.C. The Petitioner is an accused in C.T. Case No.43 of 2017 in the court of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri.

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1. It is forcefully argued by learned counsel for the Petitioner that the principal accused persons have been acquitted in this case on the same allegation vide judgment dated 30^th April, 2019 passed by the learned Special Judge, Malkangiri in C.T. No.43/2017, a copy of which is annexed as Annexure-3 to the CRLMC. Inviting attention of the Court to the observations made by the learned court below in the judgment, it is submitted by Mr. Sahu that the independent witnesses have not stated anything incriminating against the said accused persons. Since the present Petitioner stands on a better footing than the said accused persons, it is submitted that it would be futile to put him to trial for the same offence.