Petition to quash cognizance of offences under Sections 341/323/294/379/336/506/34 IPC taken by JMFC-III, Bhubaneswar, on the ground that no overt act was attributed to the petitioner. Relying on Medchl Chemicals, the court held quashing at this stage unwarranted and dismissed the application.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 143 of 2024
Swagat Nayak …. Petitioner
Mr. P. K. Behera, Advocate
-versus-
…. State of Odisha and another Opp. Parties Mr. M. K. Mohanty, ASC
Order No.
CORAM: JUSTICE CHITTARANJAN DASH ORDER 18.03.2024
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abuse and sharing the common intention with those who caused indiscriminate assault on the Informant party besides stealing the gold ornaments.
“Exercise of jurisdiction under the inherent power as envisaged in Section 482 of the Code to have the complaint or the chargesheet quashed is an exception rather than a rule and the case for quashing at the initial stage must have to be treated as rarest of rare so as not to scuttle the prosecution.
With the lodgement of first information report the ball is set to roll and thenceforth the law takes its own course and the investigation ensues in accordance with the provisions of law. The jurisdiction as such is rather limited and restricted and its undue expansion is neither practicable nor warranted. In the event, however, the court on a perusal of the complaint comes to a conclusion that the allegations leveled in the complaint or charge-sheet on the face of it do not constitute or disclose any offence as alleged, there ought not to be any hesitation to rise up to the expectation of the people and deal with the situation as is required under the law. To exercise powers under Section 482 of the Code, the complaint in its entirety will have to be examined on the basis of the allegation made in the complaint and the High Court at that stage has no authority or jurisdiction to go into the matter or examine its correctness. Whatever appears on the face of the complaint shall be taken into consideration without any critical examination of the same. But the offence ought to appear ex facie on the complaint. The truth or falsity of the allegations
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would not be gone into by the Court at this earliest stage. Whether or not the allegations in the complaint were true is to be decided on the basis of the evidence led at the trial.
10. It is only in cases when the allegations in the complaint do not make out any case against the accused nor do they disclose the ingredients of an offence alleged against the accused or the allegations are patently absurd and inherently improbable so that no prudent person can ever reach to such a conclusion that there is sufficient ground for proceeding against the accused, the power under Section 482 Cr.P.C. has to be exercised to quash the prosecution, is also the view in the case of Medchl Chemicals & Pharma (P) Ltd. (supra).
(Chittaranjan Dash)
Judge
AKPradhan
Signature Not Verified
Digitally Signed Signed by: ANANTA KUMAR PRADHAN Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 19-Mar-2024 20:08:21
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1 issue framed by the court
Whether the cognizance order dated 17.06.2022 against the petitioner should be quashed under Section 482 Cr.P.C. given the alleged absence of overt acts against him.
Colour shows how this judgement treated each authority
Medchl Chemicals & Pharma (P) Ltd. v. Biological E. Ltd.Relied on¶6
(2000) 3 SCC 269 · Who else cites this
8 provisions across 2 enactments
Swagat Nayak
State of Odisha
Chittaranjan Dash
As recorded by the court registry
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