Ram Krushna Das Mohapatra v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 203 of 2018 Rama Krushna Das Mohapatra & Others ....

Petitioners Mr. S.C.Sahoo,Advocate -VersusState of Odisha & Others ....

Opposite Parties Mr. Tapas Kumar Praharaj, SC

CORAM:

JUSTICE R.K.PATTANAIK Order No.

ORDER

23.08.2022 14.

1.

Heard learned counsel for the petitioners and learned counsel for the State as well as the learned counsel for opposite party No.2.

2.

Present petition under Section 482 Cr.P.C.is filed by the petitioners for quashing of the order of cognizance dated 23rd October, 2015 passed in G.R. Case No. 1324 of 2014 by the learned SDJM, Puri on the grounds stated therein. 3.

Perused the F.I.R. and the certified copy of the F.I.R. which is at Anneuxre-2.

4.

Considering the submissions of the learned counsel for the parties, the Court is not inclined to interfere with the order of cognizance i.e. Anneuxre-3. In other words, the Court is of the view that there is no legal infirmity in so far as the taking of

cognizance is concerned. However, in view of the prayer of the learned counsel for the petitioners that they may be allowed to raise all the grounds at the time of framing of charge, the Court is inclined to pass such an order with a liberty granted to them in respect thereof.

5.

In the result, the CRLMC stands disposed of with the liberty granted to the petitioners to raise all such grounds at the time of framing of charge before the court below in G.R. Case No. 1324 of 2014 which on being so urged shall be considered on its own merit and in accordance with law.

(R.K.Pattanaik) Judge kabita