ARIJIT PASAYAT, TARUN CHATTERJEE
State of Orissa – Appellant
Versus
Saroj Kumar Sahoo – Respondent
(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 30.12.2000 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 are 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 Trustee.
R.P. Kapur vs. State of Punjab (AIR 1960 SC 866) 9
Raghubir Saran (Dr.) vs. State of Bihar (AIR 1964 SC 1) 11
State of Bihar vs. P.P. Sharma (AIR 1996 SC 309) 11
State of Kerala vs. O.C. Kuttan (AIR 1999 SC 1044) 11
Satvinder Kaur vs. State (Govt. of NCT of Delhi) (AIR 1996 SC 2983) 11
Janata Dal vs. H.S. Chowdhary (1992 (4) SCC 305) 11
Rupan Deol Bajaj vs. Kanwar Pal Singh Gill (1995 (6) SCC 194) 11
State of U.P. vs. O.P. Sharma (1996 (7) SCC 705) 11
Rashmi Kumar vs. Mahesh Kumar Bhada (1997 (2) SCC 397) 11
Rajesh Bajaj vs. State NCT of Delhi (1999 (3) SCC 259) 11
State of Karnataka vs. M. Devendrappa and Another (2002 (3) SCC 89) 12
State of M.P. vs. Awadh Kishore Gupta and Others (2004 (1) SCC 691) 12
Chand Dhawan (Smt.) vs. Jawahar Lal and Others (1992 (3) SCC 317) 14
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