Quashed
Santosh Kumar Jena v. State
Orissa HCCRLMC/985/2012
Case brief
AI extract
What is this about?
The High Court quashed an order taking cognizance of an offence barred by limitation. Distinguishing precedents, the Court held that delay attributable to the State bars prosecution, allowing the petition.
What did the court decide?
The impugned order dated 30th January, 2012 of the SDJM is quashed.
What the court decided
AI extract
Issues for consideration
2 issues framed by the court
AI extract
Whether the complaint filed under Sections 188, 186, 294 read with Section 34 IPC was barred by limitation under Section 468(2)(b) CrPC.
Whether the delay in taking cognizance was attributable to the Court or the parties.
Parties & counsel
AI extract
- petitioner
Santosh Kumar Jena
- respondent
State of Odisha
Coram
AI extract
Dr. S. Muralidhar
Case details
As recorded by the court registry
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