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2022 Supreme(Ori) 612
IN THE HIGH COURT OF ORISSA AT CUTTACK
Savitri Ratho, J.
Sonali Das – Appellant
Versus
State of Odisha – Respondent
CRLMC No. 3488 of 2022
Decided On : 08-12-2022
N. Lenka, Advocate, J. Katikia, Advocate
The court's power under Section 482 Cr. P.C. to quash criminal proceedings if it deems them to be frivolous or where the allegations do not disclose the commission of an offence.
Headnote:
Section 482 Cr. P.C. - Challenge to Order Taking Cognizance of Offences - Petitioners paid advance for purchasing land, sold the land to another person, and refunded the amount to the opposite party - Court issued notice to opposite parties and stayed further proceedings pending in the lower court.
Fact of the Case:
The petitioner challenged the order taking cognizance of offences punishable under Sections 420/506/294/34 of I.P.C. based on a complaint alleging that the petitioners sold land to another person after receiving an advance payment for purchasing the land.
Finding of the Court:
The court issued notice to the opposite parties and stayed further proceedings in the lower court pending the next date of hearing.
Issues: The issue was whether the allegations in the F.I.R. attracted criminal liability or if the case was a civil dispute.
Ratio Decidendi: The court considered the submission that even if the allegations in the F.I.R. were true, no criminal liability was attracted and the case may at best be a civil dispute.
Final Decision: The court issued notice to the opposite parties and stayed further proceedings pending in the lower court.
JUDGMENT
Savitri Ratho, J. - CRLMC No. 3488 of 2022 and I.A. No. 2708 of 2022
1. This application under Section 482 Cr. P.C. has been filed by the petitioner challenging the order dated 12.08.2021 passed by the learned S.D.J.M., Baripada in C.T. No. 335 of 2021 corresponding to Baripada Town P.S. Case No. 1029 of 2021 taking cognizance of offences punishable under Sections 420/506 /294/ 34 of I.P.C. against the petitioners.
2. Mr. N. Lenka, learned counsel for the petitioner submits that as per the complaint, the petitioners had been paid total amount of Rs.7,00,000/- as advance for purchasing a plot of land but as the petitioners were in urgent need of money, they sold the land to another person but have refunded the amount of Rs.7,00,000/- to the opposite party no.2 vide Cheque No. 5223923 dated 11.02.2021 drawn the State Bank of India and this amount has been withdrawn by the opposite party no.2. He further submits that even assuming the allegations in the F.I.R. are to be true, no criminal liability is attracted and the case may at best can be a civil dispute.
3. Considering the above submission, issue notice to opposite parties in the CRLMC as well as in the I.A.
4. Notice on behalf of opposite party no.1 is accepted by Mr. J. Katikia, learned Additional Government Advocate.
Requisites for issue of notice to the opposite party no.2 by Registered Post with A.D returnable within four weeks shall be filed by 12.12.2022. One set of process fee shall be accepted.
5. List this matter in the week commencing on 30.01.2023.
6. In the interim, further proceeding in C.T. No. 335 of 2021 pending in the court of the learned S.D.J.M., Baripada shall remain stayed till the next date.
7. Urgent certified copy of this order be granted on proper application.
