Sachikanta Dash v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2136 of 2013 Sachikanta Dash ....

Petitioner -versusState of Orissa & another ....

Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

06.07.2022 06.

1. This matter is taken up through Hybrid mode. Order No.

2. This application under Section 482 of Cr.P.C. has been filed by the Petitioner to quash the FIR in connection with Barkote P.S. Case No.30 of 2013 corresponding to C.T. Case No.128 of 2013 pending in the court of S.D.J.M., Deogarh on the ground of privileged communication.

3. Needless to say that the learned counsel for the Petitioner could not satisfy the Court how the extending threat to the Informant Party is no way covered by the privileged communication. Besides the same, prima facie FIR allegation discloses the commission of cognizable offence and there is no statutory bar for registration of the FIR. Therefore, the prayer made by the Petitioner on the ground stated being devoid of merit stands dismissed.

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4. However, liberty is given to the Petitioner to seek quashment of the proceeding after charge sheet is filed in the aforesaid case and in that event, the same shall be decided in its own merit.

5. With the aforesaid order, this CRLMC stands disposed of.

6. Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge PKS