The Court granted anticipatory bail to the petitioner, an employee implicated in an IPC offence and offences under the S.C./S.T. (P.A.) Act allegedly lodged by an officer and informant from the same organization.
Responded to be released on bail by the Arresting Officer on terms including cooperation with investigation and no tampering with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3876 of 2022
S. Bhaskaran
…. Petitioner Mr. G.P. Dutta, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S.K. Nayak, AGA Mr. R. Jena, Advocate (Informant)
CORAM: MR. JUSTICE D.DASH ORDER 18.05.2022
Order No.
Page 1 of 3
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allegations as to corruption in course of discharge of duty with the Petitioner in the said organization. He further submits that the reason for filing this F.I.R. is obvious that in order to take revenge of the strained relationship, the Informant has made this move by directly lodging the F.I.R. in the police station as well as with the Superintendent of Police simply indicating that the copy of the same has been sent to the Superior Officer.
Without expressing any opinion over the truthfulness of the allegations/ such action on the part of the Informant, he submits as to how said act on the part of the Informant amount to misconduct and unbecoming of an employee. He submits that the offence under the provision of S.C./S.T. (PA) Act has been inserted simply because of the fact that the Informant is a member of Scheduled Tribe when the allegations have no nexus at all with any of such offences prescribed under the said Act and as such no prima facie case for said offence under the Act is made out.
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alleged that the Petitioner had scolded him uttering his caste, at this stage, it would not be permissible to say that no prima facie case under section 3(1)(r)/3(1)(s)/3(2)(va) of the S.C./S.T. (P.A.) Act is made out.
H
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3 issues framed by the court
Whether anticipatory bail should be granted in a case involving Section 438 Cr.P.C. application.
Whether a presumption of mala fide intent exists when a subordinate files an FIR against a superior in the same organization.
Whether the complaint of caste abuse makes out a prima facie case under the S.C./S.T. Act.
4 provisions across 3 enactments
S. Bhaskaran
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
D. Dash
Parties & counsel
