Jimi Nahak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1132 OF 2020 Jimi Nahak .........

Petitioner Mr. P.K. Nanda, Adv.

-versusState of Odisha & Anr.

............

Opposite Parties Mr. D. Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

29.03.2022 Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

Heard Mr. P.K .Nanda, learned counsel for the petitioner and Mr. D. Mund, learned Additional Government Advocate for the State.

3.

Learned counsel for the petitioner has preferred this CRLMC assailing the order dtd. 11.03.2019 passed by the learned J.M.F.C., Sheragada in connection with G.R. Case No. 173 of 2018 arising out of Sheragada P.S. Case No. 99 of 2018 and consequential order dtd.

22.07.2019 in issuing NBW corresponding to Sessions Trial No. 56 of 2019 (T) passed by the learned Additional Sessions Judge, Aska.

4.

Taking into account the nature of allegations as made, keeping in view the law laid down by the Apex Court in the case of State of Haryana and Others vs. Bhajan Lal and others

reported in 1992 Supp. (1) SCC 335, this Court is constrained to hold that the case at hand does not come within the guidelines framed by the Apex Court in the case Bhajan Lal (Supra), for exercise of power under Section-482 Cr.P.C for quashing the proceeding in connection with Sessions Trial No. 56 of 2019 (T) (G.R. Case No. 173 of 2018), arising out of Sheragada P.S. Case No. 99 of 2018, pending on the file of Learned Additional Sessions Judge, Aska.

5.

Accordingly, the CRLMC stands dismissed.

6.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Balaram Judge