CHITTARANJAN DASH
Biswajit Pattnaik – Appellant
Versus
State of Odisha – Respondent
ORDER
Heard learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking to quash the F.I.R. in connection with Cyber Crime & Economic Offence, Bhubaneswar P.S. Case No.11 of 2022 registered under Section 228(A) & 500 of the I.P.C. read with Section 67(A) of the I.T. Act corresponding to C.T. Case No.1452 of 2022 pending in the court of the learned S.D.J.M., Bhubaneswar.
3. The background facts of the case are that, on 01.02.2022 Opp. Party No.5 namely Bishnu Priya Mohapatra, w/o. Kailash Ch. Mohapatra lodged a complaint before the SP, CID, CB, Buxi Bazar, Cuttack alleging therein that she was victim in Khandagiri P.S. Case No.372 of 2018 for the offences under Sections 376/384/506, I.P.C. In the said case the present Petitioner is an accused, and after registration of the said F.I.R., the Petitioner was arrested on 22.07.2019. Before his arrest, the Petitioner on 20.06.2019 misusing the social media, in his Facabook account had posted some derogatory, defamatory and misleading information against her (Opp. Party No.5), wherein he
Invoking its extraordinary power under Article 226 of Constitution, Court has no jurisdiction to examine correctness or otherwise of allegation.
Concurrent jurisdiction exists under the IT Act, allowing local police to investigate cyber offenses if conducted by Inspectors, despite claims of exclusive jurisdiction for specialized units.
Judicial review under Art.226 to quash an FIR requires clear absence of any disclosed offence; circumstances must be extraordinary.
The court emphasized that the inherent power of the High Court should not be used to stifle a legitimate prosecution and that the question of mala fides is not relevant if the complaint is correct an....
Territorial jurisdiction of Court – Although for trial of a case instituted on a police report no provision parallel to Section 201 of Cr.P.C. has been prescribed, there is no difficulty in borrowing....
Point of law: power under Section 482 of the Code of Criminal Procedure for the purpose of quashing the F.I.R. is concerned, the only criteria is the situs of the authority who has registered the cas....
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