Ballav Satapathy v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.5537 of 2014 Ballav Satapathy & others ....

Petitioners -versusState of Odisha & another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

16.08.2022 Order No.

04.

1.This matter is taken up through Hybrid mode. 2.Heard learned counsel for the Petitioners and learned counsel for the State.

3.This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the FIR in connection with B. Singhpur P.S. Case No.64 of 2014 corresponding to G.R. Case No.707 of 2014 pending in the court of learned S.D.J.M., Jeypore. The offences alleged against the Petitioners are under Sections 341/294/323/506 IPC and Section 3(1)(x) of the SC & S.T. (PA) Act.

4. Learned counsel for the Petitioners submits that after the compromise the matter with the Petitioners, the Informed died. Therefore, the FIR lodged against them is liable to be quashed. But this Court is not inclined to quash the FIR on the said ground.

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5. However, considering the facts and the submissions made, especially the offence being trivial in nature and the offence alleged against the Petitioners under Section 3(1)(x) of the SC & S.T. (PA) Act being old act, this directs that if the Petitioners surrender before the court in seisin over the matter and move for bail within four weeks' hence, the court in seisin over the matter shall allow them to go on bail on such terms and conditions as it may deem just and proper taking note of the fact that the earlier prayer for bail of the Petitioners stated to have been rejected by this Court.

6. With the aforesaid order, this Criminal Misc. Case stands disposed of.

7. Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge PKS