Manas Ku.Dash v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1081 of 2015 Manas Kumar Dash ....

Petitioner Mr. H.N. Mohapatra, Advocate -VersusState of Odisha and another ....

Opposite Parties Mr. Sonak Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

12.08.2022 Order No.

06.

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

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner questioning legality of the order of cognizance dated 13th January, 2011 passed in G.R. Case No.2127 of 2010 pending in the file of learned S.D.J.M., Bhubaneswar on the grounds stated therein. 3.

Learned counsel for the petitioner submits that he is not directly connected to the alleged incident for which the Pass Port Officer lodged the FIR. The Court perused the FIR, wherein, it has been alleged that the certificate so produced before the Pass Port Officer, Bhubaneswar was found to be a fraudulent one. The present petition has been filed on the ground that there is no prima facie case made out against the petitioner,.

4.

However, the learned counsel for the petitioner submits that the ground which has been raised in the petition may be

allowed to be raised at the time of framing of charge and for that, liberty may be granted in his favour.

5.

Accordingly, it is ordered.

6.

For the above submission, the CRLMC stands disposed. However, the petitioner is granted liberty to raise all the points at the time of framing of charge before the learned court below which shall be considered on its merit and according to law. (R.K. Pattanaik) Judge TUDU