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2005 Supreme(SC) 1565

ARIJIT PASAYAT, TARUN CHATTERJEE
State Of Orissa – Appellant
Versus
Saroj Kumar Sahoo – Respondent


Judgment

Arijit Pasayat, J.—Leave granted in SLP (Crl.) Nos. 3190 of 2004 and 3199 of 2004.

2. As the appeals have some common features and links, the appeals are disposed of by the common judgment. In these appeals challenge is to the legality of orders passed by learned Single Judges of the Orissa High court quashing the proceedings initiated against respondents on the basis of first information reports lodged by the functionaries of the State of Orissa. Criminal Appeal No. 920 of 2003, and the appeal relatable to SLP (Crl.) No. 3199 of 2004 relates to FIR No. 61 dated 20.12.2000 where investigation was in progress and appeal relatable to SLP (Crl.) No. 3190 of 2004 relates to FIR No. 43 dated 16.9.2000 where charge sheet had already been filed. The High Court in each case exercised power under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’). In the FIR No. 43 of 2000 accusations were against respondents Saroj Kumar Sahoo and Nalinikanta Muduli.

3. Background facts giving rise to the three appeals in a nutshell are as follows:

On 8.1.1997 a trust named Nabaprabhat Trust was registered in which respondent Saroj Kumar Sahoo was the Chairman cum Managing Tru



































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