M.S.Srinivas v. Arun Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2249 of 2010 M.S. Srinivas.

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Petitioner -versusArjun Behera & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

14.03.2022 17.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the F.I.R. in Sector-19 Rourkela P.S. Case No.89 of 2008 registered pursuant to the order dated 06.08.2008 passed by the learned S.D.J.M., Panposh in 1.C.C. Case No.491 of 2008 on the ground that the dispute is civil in nature.

3.

Heard the learned counsel for the petitioner. None appears for the opposite parties.

4.

Since the complaint petition registered as F.I.R. discloses a cognizable offence and present status of the

// 2 // investigation is not known, this Court is not inclined to quash the criminal prosecution. Hence, this CRLMC filed being devoid of any merit stands dismissed. Interim order dated 07.07.2011 passed by this Court stands vacated. 5.

However, this Court observes that if in the meanwhile charge-sheet has been filed and order of cognizance has been passed and the petitioner has been proceeded with, he may challenge the same before the appropriate forum. 6.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS