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Orissa High CourtCRLREV/223/2021disposed off

Siku@Shakti Sekhar Swain v. State Of Odisha

2022-02-07Dr. Justice S.K. Panigrahi2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No.223 of 2021 Siku @ Shakti Sekhar Swain ....

Petitioner Mr. P.P. Parida, Advocate -versusState of Odisha and another .... Opposite Parties Mr. Karunakar Gaya, ASC CORAM: JUSTICE S.K. PANIGRAHI

ORDER

07.02.2022 Order No.

05.

1. The matter is taken up through hybrid mode.

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

3. The petitioner has this application under Sections 397 and 401 of the Cr.P.C. to quash the order dated 07.06.2021 passed in Kuakhia P.S. Case No.32 of 2021 under Sections 302, 201 and 120-B of the IPC read with Sections 3(1)(r) and 3(2)(v) of the SC and ST (PA) Act corresponding to Special C.T. Case No.13 of 2021 of the court of learned Sessions Judge-cumSpecial Judge, Jajpur issuing cognizance against the petitioner.

4. This Court is not inclined to maintain the CRLREV since the petitioner raises a factual dispute, and the role of the petitioner can only be ascertained after a complete trial. However, the petitioner can approach the trial court at the time of framing of charges, seeking the same relief.

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5. With the said observation, the CRLREV is disposed. (S.K. Panigrahi) Judge PCD