Bibekananda Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.548 of 2022 Bibekananda Dash ....

Petitioner Mr. A.K. Jena, Advocate -versusState of Odisha and Others ....

Opp. Parties Mr. P.K. Mohanty, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

12.5.2022 Order No.

04.

1.

Heard Mr. A.K. Jena, learned counsel for the Petitioner and Mr. P.K. Mohanty, learned Additional Standing Counsel for Opposite Party - State.

2.

The Petitioner has prayed for quashing of the criminal proceeding initiated against him for commission of offences under Sections 465/468/406/294/354/323/506/34 of the Indian Penal Code. 3.

The crux of allegations is that over the dispute of payment of arrear rent and vacation of premises a settlement was arrived between the complainant and the Petitioner with an undertaking that the Petitioner will vacate the concerned premises and pay the arrear house rent of Rs.1,17,000/- to the complainant. But while taking the signature of the complainant on the revenue stamp affixed on the undertaking, one more sentence was added without knowledge of the complainant that he will pay a sum of Rs.92 lakh to the Petitioner, which is alleged to be manipulated fraudulently.

4.

Upon perusal of both such documents filed under Annexure-8, a prima facie case is found clearly made out against the Petitioner. As such, I am not inclined to interfere with the proceeding and the CRLMC is dismissed.

( B.P. Routray) Judge M.K.Panda