Paru@Prasanta Kumar Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.744 of 2021 Paru @ Prasanta Kumar Dehury ....

Petitioner Mr. Debendra Kumar Sahoo-1, Adv.

-versusState of Odisha & Anr.

....

Opposite Parties Mr. Sibani Shankar Pradhan, AGA (for O.P. No.1)

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

02.02.2022 Order No.

02.

1. This matter is taken up through Video Conferencing mode.

2. Heard learned counsel for the parties.

3. In this CRLMC, the petitioner has made a prayer to quash the order dated 08.10.2020 passed by the learned S.D.J.M., Angul in G.R. Case No.1507 of 2020 taking cognizance of the offences under Sections 498A/ 506/ 34 of the I.P.C.

4. Learned counsel for the petitioner submits that the petitioner does not have any role or he has committed any overt act to attract any of the offences registered against him. He further submits that there is no specific allegation against the petitioner. The present petitioner happens to be the elder brother of the informant's husband. He only sermoned the informant that why she had married a jobless person like his brother but in a harsher tone.

5. In view of such facts and circumstances, the petitioner's role in the alleged crime is quite irrelevant.

6. In that view of the matter that since the cognizance has been taken in the matter and the trial is in the advanced stage, the

// 2 // petitioner is granted liberty to approach the trial court seeking discharge of the offences levelled against him while framing of charges by presenting the facts and circumstances enumerated in the present CRLMC. On such event, the learned trial court shall consider those facts and pass order in accordance with law.

7. Needless to say that if the petitioner does not have any role attracting him to the alleged crime, the trial court shall realize the same and pass appropriate order.

8. Accordingly, this CRLMC is disposed of.

9. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 and Court's Office Order dated 7th January, 2022.

( S.K. Panigrahi) Judge BJ