Bairagi Charan Badu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.810 of 2022 Bairagi Charan Badu and others ....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

22.07.2022 03.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the criminal proceeding/F.I.R. in connection with Angul P.S. Case No.77 of 2021, corresponding to G.R. Case No.274 of 2021, pending in the Court of S.D.J.M., Angul.

3.

Heard the learned counsel for the Petitioners and the learned counsel for the State-Opposite Party. 4.

Petitioner has sought for quashment of the F.I.R. on the ground that the allegation has been made against them being actuated with malice.

5.

But, the F.I.R. allegation disclosing a cognizable offence, even though a contention is raised that same being raise actuated with malice and the F.I.R. allegation is nothing

// 2 // but tissue of falsehood, I am not inclined to entertain the prayer made in this petition to quash the F.I.R. at this stage. 6.

Accordingly, the CRLMC stands dismissed.

7.

However, as it is stated that the police is sitting over the matter and not filing the final form, this Court thus expects the police would conclude the investigation expeditiously and furnish the opinion formed by him by filing the final form under Section 173 of Cr.P.C. before the court concerned, as expeditious investigation of a case is also fundamental right of the Petitioner guaranteed under Constitution of India as held in the case of Vakil Prasad Singh v. State of Bihar, reported in (2009) 3 SCC 355 by the Apex Court.

(S. Pujahari) Judge DA