The High Court of Orissa dismissed a CRLMC petition filed under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court held that factual contentions cannot be decided at this stage and found no infirmity or illegality warranting interference, thus finding no merit in the application.
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. 165 of 2022
Sarat Sahoo and others
….
Petitioners
Mr. B.K. Ragada
Advocate
-Versus -
State of Odisha and another …. Opposite Parties
Mr. S.K. Mishra, Additional Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
Order No.
7.
ORDER_ 20.03.2023 1. This matter is taken up through hybrid mode. 2. Heard. 3. The petitioners have filed this application under Section 482 of Cr.P.C. seeking quashment of the criminal proceeding in C.T. Case No.2955 of 2016 pending in the court of learned S.D.J.M., Bhubaneswar. Pursuant to notice, the complainant-opposite party No.2 has appeared and has filed a counter affidavit. Though several contentions have been raised before this Court by both parties, it is seen that all such contentions relate to factual aspects can be decided only during trial. At this stage, this Court finds no infirmity much less any illegality in the proceedings initiated on the basis of complaint filed by opposite party No.2 so as to be persuaded to interfere therewith.
Page 1 of 2
being the case, it is open to the parties to amicably resolve the dispute and in such event they may approach the competent court of law by filing appropriate application.
( Sashikanta Mishra) Judge
B.C. Tudu
Page 2 of 2
2 issues framed by the court
Whether the Criminal Miscellaneous application seeking quashing of criminal proceedings under Section 482 Cr.P.C. has merit.
Whether any infirmity or illegality exists in the proceedings initiated based on the complaint at this stage.
1 provisions across 1 enactments
Sarat Sahoo and others
State of Odisha and another
Sashikanta Mishra
B.C. Tudu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
