E.Nageswar Rao v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.6323 of 2014 E. Nageswar Rao and others ....

Petitioners Mr. D. Sarangi, Advocate -VersusState of Odisha and another ....

Opposite Parties Mr. M. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

29.07.2022 Order No.

07.

1.

Heard learned counsel for the petitioners and learned counsel for the State. None appears for opposite party No.2 despite a valid service of notice as revealed from the record. 2.

This is an application under Section 482 Cr.P.C. at the instance of the petitioners for quashing of the criminal proceeding in G.R. Case No.1078 of 2013 and the consequential order of cognizance dated 1st November, 2013 on the grounds stated therein. 3.

Learned counsel for the petitioners submits that the grounds which have presently been taken may be allowed to raise at the time of framing of charge and the petition may be disposed of with that observation.

4.

Learned counsel for the State submits to the Court that as per the instruction received, there has been no compromise between the parties as yet which is intimated by the PS concerned.

5.

Considering the above submission, the Court is of the view that the petitioners should raise all the points at the time of framing charge seeking discharge which may be considered by the court below. Accepting the above submission, the Court is inclined to dispose of the present petition and accordingly, it is ordered. 6.

In the result, the CRLMC stands disposed of. The petitioners are at liberty to raise all the grounds while seeking discharge which shall be considered by the court below on merit and in accordance with law.

(R.K. Pattanaik) Judge TUDU