High Court dismissed the petition to quash the order of chargesheet. It held that Section 307 IPC is prima facie made out based on the manner of assault despite simple injuries. Court directed petitioners to surrender and move for bail.
Direction to surrender on or before 20 December 2022 and move for bail; petition to quash dismissed.
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
CRLMC No. 3522 of 2022
Baijayanti Rout & Others …. Petitioners Mr. Akshaya Kumar Sahoo, Advocate
-Versus-
State of Orissa …. Opposite Party
Mr. S.S.Mohapatra, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
30.11.2022
Order No.
01. 1. Heard learned counsel for the petitioners and learned
counsel for the State.
2. Prayer in the present case is to quash the impugned order
dated 29 th January, 2022 passed by the learned S.D.J.M.,
Jagatsinghpur in G.R. Case No.1325 of 2021 arising out of
Jagatsinghpur P.S. Case No.611 of 2021 on the grounds stated
thereon.
Page 1 of 3
IPC vide Annexure-3 which is currently under challenge. It is further submitted that as per the chargesheet, a copy which is at Annexure2 series, the injuries sustained by the victim are found to be simple in nature but then despite that learned court below took cognizance of the offence under Section 307 IPC which is not tenable in law and the same is liable to be interferred with, which is objected to by Mr. Mohapatra, learned ASC for State on the ground that notwithstanding such simple injuries, the victim was assaulted in the manner which stand described in the FIR under Annexure-1 and that makes out a case for the said offence.
Page 2 of 3
such an event, learned court below shall release them on bail subject to conditions. The petitioners are also granted liberty to raise all the grounds as are available to them in law while seeking discharge and any such application if so moved before the court below, learned Sessions Court shall consider the same and pass appropriate order thereon as per and in accordance with law.
U.K.Sahoo
(R.K. Pattanaik)
Judge
Page 3 of 3
2 issues framed by the court
Whether cognizance of Section 307 IPC is tenable despite simple injuries sustained by the victim given the manner of assault described in the FIR.
Whether the petitioners should be directed to surrender and apply for bail while pending execution of non-bailable warrants.
2 provisions across 2 enactments
Baijayanti Rout
Others
State of Orissa
R.K. Pattanaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
