Jindal India Thermal Power Ltd. v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2039 of 2017 along with CRLMC Nos.343, 3059 & 3285 of 2018, 2805, 2806, 3184 & 3185 of 2019 and 13 of 2021.

In CRLMC No.2039 of 2017 Jindal India Thermal Power Limited and Ors.

Mr. Ashok Mohanty, Sr. Adv.

Mr. Prafulla Ku. Rath, Adv.

Mr. Satyajit Mohanty, Adv.

State of Odisha and Ors.

(for O.P.3) In CRLMC No.343 of 2018 M/s. Sinhotia Metals and Minerals Pvt. Ltd and Ors.

Mr. Gouri Mohan Rath, Adv.

State of Odisha & Ors.

Mr. A.K. Sahoo, Adv.

(for O.P.3) In CRLMC No.3059 of 2018 Jindal India Thermal Power Limited and Ors.

Mr. Biswa Mohan Patnaik, Sr. Adv.

Mr. Satyajit Mohanty, Adv.

// 2 // In CRLMC No.3285 of 2018 Shyam Jindal Petitioner Mr. Biswa Mohan Patnaik, Sr. Adv.

Mr. Satyajit Mohanty, Adv.

In CRLMC No.2805 of 2019 Jindal India Thermal Power Limited & Ors.

Mr. Satyajit Mohanty, Adv.

In CRLMC No.2806 of 2019 Shyam Sunder Jindal Petitioner Mr. Satyajit Mohanty, Adv.

In CRLMC No.3184 of 2019 Jindal India Thermal Power Limited & Ors.

Mr. Satyajit Mohanty, Adv.

// 3 // In CRLMC No.3185 of 2019 Shyam Sunder Jindal Petitioner Mr. Shyamalendu Pattnaik, Adv.

In CRLMC No.13 of 2021 M/S. Sinhotia Metals and Minerals Pvt. Ltd. & Anr.

Mr. Rajjeet Roy, Adv.

CORAM:

MR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

13.05.2022 15.

1. All the matters are taken up through hybrid arrangement.

2. Learned counsels for the petitioners and opposite parties in all the aforesaid CRLMCs are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsels for the parties and the order is passed accordingly as follows:-

// 4 //

3. In view of the discussions and observations hereinabove, CRLMC No.3184 of 2019 and CRLMC No.3185 of 2019 are allowed and ICC Case No.44 of 2019 pending before the learned Sub-divisional Judicial Magistrate, Angul and all proceedings emanating therefrom are quashed.

4. However, I find no ground to interfere, at this stage, under Section 482 Cr.P.C., with CRLMC No.2039 of 2017, CRLMC No.343 of 2018, CRLMC No.3059 of 2018, CRLMC No.3285 of 2018, CRLMC No.2805 of 2019, CRLMC No.2806 of 2019 and CRLMC No.13 of 2021. Resultantly, CRLMC No.2039 of 2017, CRLMC No.343 of 2018, CRLMC No.3059 of 2018, CRLMC No.3285 of 2018, CRLMC No.2805 of 2019, CRLMC No.2806 of 2019 and CRLMC No.13 of 2021 are dismissed.

5. It is made clear that any of the observations made hereinabove with respect to the fact of the case, shall not come in the way or prejudicially affect the fair trial of the present case.

6. Accordingly, all the CRLMCs are disposed of. ( S.K. Panigrahi) Judge BJ