Hon'ble Court heard petitioner's quashing petition under Section 482 Cr.P.C. alleging non-involvement in fake loan cases. Court allowed withdrawal seeking parity and directed surrender to lower court by 29.02.2024 for appropriate remedy.
Liberty to withdraw petition; direction to surrender before S.D.J.M., Gunupur by 29.02.2024.
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.201 OF 2024
Badapu Jayadev @ Jayadeva …. Petitioner(s) Badapu
Mr. P.K. Mishra, Advocate
-versus-
State of Odisha
…. Opposite Party(s)
Mr. P. K. Maharaj, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA ORDER 15.02.2024 Order No. 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The petitioner has filed the present petition under Section 482 Cr.P.C. seeking quashing of the entire criminal prosecution initiated against him vide G.R. Case No.91 of 2010 arising out of Gunupur P.S. Case No.55 of 2010 registered under Sections 420/468/471 of IPC pending in the court of the learned S.D.J.M., Gunupur.
R.O.Rs. and other land documents. After investigation, the
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petitioner has also been charge-sheeted. Mr. Mishra, learned counsel for the petitioner submits that in the entire record produced by the prosecution, there is not a single whisper regarding the fact that his client has availed the loan from the Bank by submitting the fake R.O.R. It is only an isolated statement of one of the Sweeper of the Bank who has implicated him.
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came on record against the absconding accused persons, who have availed loan ranging from Rs.30,000/- to Rs.50,000/-. At this stage, the Court may not delve upon the merits of each individual accused. Suffice it to say that the petitioner may raise all these points at the appropriate stage of the trial and seek parity with the other accused persons who are on bail in so far as grant of bail is concerned.
surrendering before the learned court below on or before 05.03.2024 and avail the remedy under the law.
S.D.J.M., Gunupur in G.R. Case No.91 of 2010 arising out of
Gunupur P.S. Case No.55 of 2010 as submitted by his counsel on or
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before 29.02.2024 and seek appropriate remedy available to him under law.
aforementioned observation.
(S.S. Mishra) Judge
Signature Not Verified
Digitally Signed Signed by: ASISH KUMAR KAR Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Feb-2024 19:15:18
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3 issues framed by the court
Whether the criminal prosecution under the Impugned Order is liable to be quashed.
Whether the petitioner is entitled to bail or parity with other accused who are on bail.
Whether the petitioner can surrender to avail the appropriate remedy under the law.
1 provisions across 1 enactments
Badapu Jayadev
State of Odisha
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
