Bijaya Swain v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.5096 of 2011 Bijaya Swain.

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Petitioner -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S.PUJAHARI

ORDER

21.03.2022 06.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the F.I.R. in Bologarh P.S. Case No.39 of 2011 corresponding to G.R. Case No.339 of 2011pending on the file of the learned S.D.J.M., Khurda on the ground that the victim was eloped with the present petitioner and now they are married and leading a happy conjugal life.

3.

Heard the learned counsel for the petitioner and the learned counsel for the State.

4.

Since the F.I.R. allegation discloses a cognizable offence and in the meanwhile charge-sheet has been filed, this

// 2 // Court is not inclined to entertain this petition which is accordingly dismissed. Interim order dated 04.07.2012 passed by this Court stands vacated.

5.

However, liberty is given to the petitioner to challenge the proceeding on the grounds available to him in an appropriately constituted petition.

6.

A copy of this order be communicated to the Court below forthwith.

(S. Pujahari) Judge MRS