Single Judge dismissed the Criminal Misc. appeal challenging the order of cognizance on the basis that insufficiency of prima facie evidence and alibi of employment in Goa did not warrant interference at the stage of taking cognizance.
CRLMC disposed of; liberty granted to move for discharge and bail.
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. 1040 of 2023
Bapi Sahoo
…
Petitioner
Mr. A.Mishra, Advocate
-Versus -
State of Odisha
….
Opposite Party
Mr. S.K.Mishra, Additional Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
09.03.2023
Order No.
01.
1. This matter is taken up through hybrid mode.
1
( Sashikanta Mishra )
Judge
2
2 issues framed by the court
Whether the magistrate erred in taking cognizance of the offences in the absence of prima facie material showing petitioner's complicity.
Whether the petitioner's alibi of being employed in Goa negates the requiremet for seizure of previous charge.
3 provisions across 3 enactments
Bapi Sahoo
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
