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Orissa High CourtCRLMC/2838/2021dismissed

Narendra Pradhan v. State Of Odisha

2022-07-08Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2838 of 2021 Narendra Pradhan ....

Petitioner versusState of Odisha and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

08.07.2022 07.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the F.I.R. and further proceeding of Jatni P.S. Case No.201 of 2020, corresponding to G.R. Case No.223 of 2020, pending on the file of learned J.M.F.C., Jatni.

3.

Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Party No.1. 4.

It is stated by the learned counsel for the Petitioner that the Petitioner being not the principal accused, the F.I.R. against him be quashed.

// 2 // 5.

The F.I.R.

allegation reveals prima facie the involvement of the Petitioner in a cognizable offence. Even if a person is not named in the F.I.R., when during investigation, if some materials surfaced against him showing his indictment, the same being no ground to quash the investigation pursuant to the F.I.R. Hence, the prayer made by the Petitioner on the ground stated, therefore, is misconceived and not tenable one. 6.

Accordingly, the CRLMC stands dismissed.

7.

However, liberty is given to the Petitioner to challenge the order of cognizance, if so aggrieved, after filing of the charge sheet.

8.

Interim order dated 22nd March, 2022 passed in I.A. No.2179 of 2021 stands vacated.

(S. Pujahari) Judge DA