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2024 Supreme(SC) 389

VIKRAM NATH, PRASHANT KUMAR MISHRA
State of Odisha – Appellant
Versus
Nirjharini Patnaik @ Mohanty – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ravi Prakash Mehrotra, Sr. Adv. Ms. Sharmila Upadhyay, AOR Mr. Sarvjit Pratap Singh, Adv. Mr. Apoorva Srivastava, Adv.
For the Respondent(s): Mr. Siddhartha Luthra, Sr. Adv. Mr. Shubhranshu Padhi, AOR Mr. Niroop Sukrithy, Adv. Mr. Jay Nirupam, Adv. Mr. D.girish Kumar, Adv. Mr. Pranav Giri, Adv. Mr. Anmol Kheta, Adv. Mr. Pradyuman Kasistha, Adv.

JUDGMENT :

Vikram Nath, J.

Leave granted.

2. This appeal, by the State of Orissa, arises out of the impugned judgment dated 17.01.2018 passed by the High Court of Orissa, which quashed the order dated 26.09.2015 passed by the SDJM, Cuttack in G.R. Case No.1771 of 2005 for taking cognizance of offences under sections 420, 467, 468, 471, 477(A), 120(B) and 34 Indian Penal Code, 18601[In short, ‘IPC’] and directing issuance of process against the Respondents.

3. The facts leading up to the present case are as follows:

    3.1 On 20.05.2005, an FIR registered as Capital P.S. Case No. 178 of 2005 was lodged by the then Special Secretary to the Government in the General Administration (G.A.) Department, alleging a widespread conspiracy involving the forgery of documents to facilitate the illegal transfer of valuable government land to private entities. Following the FIR, the Police initiated investigations that culminated in a chargesheet filed against ten individuals, including the present respondents, accusing them of engaging in a criminal conspiracy under sections 420, 467, 468, 471, 477A, 120B and 34 IPC.

    3.2 The chargesheet dated 28.08.2015 detailed that the respondents, along with other

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