Ramakanta Kabi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2396 OF 2021 Ramakanta Kabi .........

Petitioner Mr. S.R. Mohapatra, Adv.

-versusState of Odisha ............

Opposite Party Mr. D. Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

18.04.2022 Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

Learned counsel for the petitioner seeks permission to withdraw this present CRLMC with liberty to move the appropriate Court at the time of framing of Charge, putting fourth his grievance that on accepting the F.I.R. at its face value, no case under Section-409 of the I.P.C is made out. 4.

It is made clear that, if such a contention is advanced, the learned Court shall examine the same independently without being influenced by the present order and shall duly take into account the submission of the learned counsel for the petitioner that, since admittedly the licencee is dead, his

actions does not come within the purview of the ingredients of Section-409 of the IPC.

5.

Granting such liberty, the present CRLMC stands disposed of.

( V.Narasingh ) Balaram Judge