Naresh Gupta Agarwal v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.4543 of 2011 Naresh Gupta Agarwal & others.

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Petitioners -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

23.03.2022 04.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioners in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") have prayed for quashing of the F.I.R. in Jagatpur P.S. Case No.77 of 2011, corresponding to G.R. Case No.357 of 2011, pending on the file of the learned J.M.F.C., Salipur.

3.

Heard the learned counsel for the petitioners and the learned counsel for the State.

4.

Considering the facts and circumstances of the case, so also in view of the law laid down by the Apex Court in the case of Rupali Devi vrs State of Uttar Pradesh and others, reported in AIR 2019 S.C. 1790, this Court is not

// 2 // inclined to quash the aforesaid criminal prosecution launched against the petitioners.

5.

Hence, giving liberty to the petitioners to file appropriate petition before the appropriate forum, if in the meanwhile charge-sheet has been filed and cognizance has been taken in the aforesaid proceeding, this CRLMC stands disposed of being dismissed.

6.

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

(S. Pujahari) Judge MRS