Disposed

Md.Sajid Mian@Kheru v. State of Odisha

Orissa HC29 Nov 2022CRLMC/3472/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 Cr.P.C., the-high-court refused to quash proceedings against petitioners who assisted in the principal accused's elopement and subsequent marriage with the victim. The court directed petitioners to surrender within the stipulated time and apply for bail, directing the lower court to grant release subject to conditions.

What did the court decide?

CRLMC disposed; direction to petitioners to surrender within time and apply for bail; lower court directed to grant bail subject to conditions.

Md.Sajid Mian@Kheru Vs State of Odisha — Cheating and Forgery | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.3472 of 2022

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Sajid Mian @ Kheru and Others

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Petitioners

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Mr. B. Dalai, Advocate

-Versus-

State of Odisha

…. Opposite Parties

Mr. S.S. Mohapatra, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

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Order No. 01.

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ORDER 29.11.2022

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

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Instant petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the criminal proceeding in connection with G.R. Case No.1340(A) of 2020 corresponding to Biramitrapur P.S. Case No.128 of 2020 pending in the file of learned J.M.F.C., Biramitrapur on the grounds stated therein.

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Learned counsel for the petitioners submits that the principal accused has in the meantime married informant/victim and both are happy settled and the petitioners have been chargesheeted for having assisted in the elopement of the victim and considering the same, the criminal proceeding as against them should be quashed morefully when both the parties involved have solemnized their marriage which is objected to by Mr. Mohapatra, learned counsel for the State.

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A copy of the FIR is at Annexure-1 and the same is perused by the Court. In fact, the principal accused stood chargesheeted

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Page 1 of 3

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under Section 376(2)(n) IPC and other allied offences whereas the petitioners stated to have helped and assisted the former in the alleged elopement of the victim, who subsequently claimed to have married him and in support of such claim, a copy of the affidavit at Annexure-4 is referred to.

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Notwithstanding any such marriage having taken place between the victim and the principal accused which is the only ground referring to the affidavit at Annexure-4, the Court is not inclined to quash the proceeding as against the petitioners. It is submitted that the offences against the petitioners to be bailable in nature and therefore, the at least in the event, if the Court is not inclined to quash the proceeding, they should be directed to surrender before the learned court below and apply for bail.

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Considering the limited prayer, the Court is of the view that since the petitioners since assisted the principal accused and not involving in any sexual offences, liberty should be directed to surrender before the learned court below and released on bail subject to conditions.

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7. Accordingly, it is ordered.

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In the result, CRLMC stands disposed of with a direction to the petitioners to surrender before the court of learned J.M.F.C., Biramitrapur in connection with G.R. Case No.1340(A) of 2020 corresponding to Biramitrapur P.S. Case No.128 of 2020 on or before 16^th December, 2022 and in the event, they surrender within the stipulated time and apply for release, the court shall grant them bail subject to conditions as deemed just and proper in the facts and circumstances of the case.

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Page 2 of 3

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Urgent certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

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TUDU

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Page 3 of 3

Md.Sajid Mian@Kheru v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md.Sajid Mian@Kheru v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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