Deepak Kumar Pattanayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1740 of 2021 Deepak Kumar Pattnayak ....

Petitioner Mr. Bipin Kumar Choudhury, Adv.

-versusState of Odisha ....

Opposite Party Mr. Sibani Shankar Pradhan, AGA

CORAM:

MR. JUSTICE S.K. PANIGRAHI

ORDER

24.01.2022 Order No.

01.

1. This matter is taken up through Video Conferencing mode.

2. Heard learned counsel for the Petitioner and learned Additional Government Advocate for the State.

3. The petitioner has filed this CRLMC with a prayer to quash the charge-sheet as well as the proceeding initiated against him in G.R. Case No.460 of 2018, arising out of Kujang P.S. Case No.126 of 2018, registered for commission of offences under Section 341/ 354B/ 323/ 294/ 506 of the I.P.C., pending in the court of the learned J.M.F.C.(P), Kujang.

4. Learned counsel for the petitioner submits that there is civil dispute between the petitioner and the informant. The informant being instigated by some crooked elements of the village has lodged the F.I.R. to take revenge by arraying the petitioner in criminal cases. Hence, he submits that the aforesaid criminal proceeding initiated against the petitioner may be quashed.

5. Learned Additional Government Advocate for the State submits that out of seven prosecution witnesses, six witnesses

// 2 // have already been examined. Hence, at this stage, the prayer for quashing of the proceeding may not be entertained.

6. Having heard from both sides and on perusal of material on record, there appears no ground to interfere with the criminal proceeding at this stage, as the case is at the fag end of trial and the quashing of proceeding at this stage shall abuse the process of law.

7. Hence, this CRLMC stands dismissed.

8. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 and Court's Office Order dated 7th January, 2022.

( S.K. Panigrahi) Judge BJ