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Orissa High CourtCRLMC/4522/2011disposed off

Shyamal Kumar Dutta v. State

2022-03-23Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.4522 of 2011 Shyamal Kumar Dutta.

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Petitioner -versusState of Odisha.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

23.03.2022 08.

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 entire criminal proceeding in C.T. Case No.753 of 2011, arising out of Baliapal P.S. Case No.53 of 2011, pending on the file of the learned S.D.J.M., Balasore. 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, this Court is not inclined to entertain this petition, more so when the status of the investigation is also not known. Hence, this CRLMC stands dismissed.

// 2 // 5.

However, this Court observes that the petitioner, if so aggrieved, may challenge the order of cognizance if chargesheeted and proceeded in the case, and case is pending for framing of charge.

6.

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

(S. Pujahari) Judge MRS