The High Court dismissed a petition under Section 482 CrPC seeking quashing of an order of cognizance under Section 306 IPC, declining interference at that stage while preserving liberty to raise contentions during trial.
Impugned order of cognizance maintained; liberty to raise contentions at trial granted; interim order vacated.
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.1078 of 2017
Mamali Gouda
…. Petitioner
Mr. Ramdas Achary, Advocate Mr. Darpa Narayan Patnaik, Advocate
State of Odisha & Another
…. Opposite Parties Mr. Nikhil Pratap, Addl. Standing Counsel
CORAM:
JUSTICE M.S. RAMAN
ORDER
Order No. 24.02.2023
09. 1. By filing the petition under Section 482 of the Code of Criminal Procedure, the Petitioner has come up before this Court with a prayer to quash the order of cognizance dated 11.07.2016 passed by the learned J.M.F.C., Aska in G.R. Case No. 102 of 2016, arising out of Dharakote P.S. Case No. 20 of 2016 taking cognizance of the offence under Section 306 IPC against the Petitioner.
2. Heard.
3. Considering the submission of the learned counsel for the parties, so also the facts and circumstances of the case, this Court is not inclined to interfere with the impugned order of cognizance at this stage. However, liberty is given to the Petitioner to raise all the contentions at the time of trial.
4. With the aforesaid order, the CRLMC stands disposed of being dismissed. Interim order dated 29.06.2017 stands vacated.
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5. A copy of this order be communicated to the court concerned forthwith.
(M.S. Raman) Judge
Aks
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1 issue framed by the court
Whether the High Court should interfere with the order of cognizance under Section 306 IPC at this stage.
1 provisions across 1 enactments
Mamali Gouda
State of Odisha
M.S. Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
