Allowed

Raghunath Lenka v. State of Orissa

Orissa HC15 Jul 2022CRLMC/1742/2016

Case brief

AI extract

What is this about?

Petitioner moved to quash an impugned order initiating proceedings for IPC and SC/ST Act offences, citing amicable settlement. The Court, noting the petitioner's intent to surrender and the non-serious nature of offences, allowed the matter by ordering the petitioner to surrender with notice to the complainant and produce the case diary, without opining on the bail merits.

What did the court decide?

Petitioner directed to surrender before the trial court with ten days notice to the complainant; trial court to consider bail on that day upon production of case diary. Application disposed of.

Raghunath Lenka Vs State of Orissa — Quashing and FIR | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1742 of 2016

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Raghunath Lenka

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…. Petitioner

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-versus-

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State of Odisha and another

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…. Opposite Parties

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CORAM: JUSTICE S. PUJAHARI

ORDER 15.07.2022

Order No.

This matter is taken up through hybrid mode.

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Mr. Amrit Prasad Acharya, learned counsel and his associate enter appearance on behalf of the Opposite Party No.2 by filing a Vakalatnama along with an affidavit after obtaining “No objection” from the previous counsel in Court today. The same be kept on record.

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This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 28^th October, 2015 passed by the learned J.M.F.C., Dhamnagar in 1.C.C. No.62 of 2015, taking cognizance of the offences under Sections 294, 323, 341, 379 read with Section 34 of the I.P.C. and Section 3of the S.C. & S.T. (PoA) Act has been taken.

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Heard the learned counsel for the parties.

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Learned counsel for the Petitioner during course of argument submits that he does not want to press this petition since the Petitioner intends to surrender and move for bail before the court below, as there is amicable settlement between the parties. However, he submits that direction may be given to the court below to release the Petitioner on bail.

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Considering the submission made, it is observed that if the Petitioner surrenders and moves for bail before the court in seisin over the matter in the aforesaid case giving ten clear days notice of such surrender to the I.I.C./I.O. concerned in order to enable them to intimate the same to the Opposite Party No.2Complainant to have his response on the bail application of the Petitioner by remaining present in the court in person or through counsel and also the I.O. to cause production of the case diary on the date of such surrender before the court concerned. Needless to say that on the date of surrender if the Petitioner furnishes the proof to the court concerned regarding such notice, the court shall consider and dispose of his prayer for bail in course of the day on its own merit even in the absence of the Opposite Party No.2-Complainat, taking note of the factum of compromise between the parties and also offences are not serious in nature. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-to-date case diary be made

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available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail positively.

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With the aforesaid order, this CRLMC stands disposed of.

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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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Raghunath Lenka v. State of Orissa

Case brief

What is this about?

What did the court decide?

Raghunath Lenka v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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