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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Hari Shankar Patnaik – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
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| 1. final determination on the procedural defect and its effect on the case. (Para 10 , 11 , 12) |
Judgment :
Chittaranjan Dash, J.
1. By means of this application, the Petitioner seeks indulgence of this Court praying to quash the judgment dated 27.07.2024 passed in Criminal Revision No.5/01 of 2024 by the learned Additional Sessions Judge, Sundargarh wherein the learned court confirmed the order dated 01.05.2024 passed by the learned S.D.J.M., Sundargarh in G.R. Case No.696 of 2015.
2. The background facts of the case are that Opposite Party No. 2, i.e., the Branch Manager of Kotak Mahindra Bank Ltd., filed a complaint before the learned S.D.J.M., Sundargarh, registered as 1CC No. 126 of 2015, praying for cognizance to be taken under Section 156 (3) Cr.P.C., and for a direction to the police to register an FIR and investigate the matter. The learned S.D.J.M., Sundargarh, pursuant to the said complaint, directed the Town P.S., Sundargarh, to register the FIR and conduct an investigation. Accordingly, the IIC, Town P.S., registered the FIR, took up the investigation, and upon its completion, submitted the charge sheet against the Petitioner and another, implicating them i
A complaint under Section 156(3) Cr.P.C. is invalid if not supported by a mandatory affidavit, which is a vital safeguard against frivolous litigation.
The requirement to file an affidavit in support of a complaint under Section 156(3) CrPC is mandatory, and failure to comply results in dismissal of the complaint.
Applications under Sec. 156(3) of the Cr.P.C. must be supported by a sworn affidavit to ensure accountability and prevent frivolous litigation.
Failure to comply with procedural requirements under Sections 154(1) and 154(3) Cr.P.C led to the quashing of proceedings due to inconsistencies in the complainant's allegations.
Point of Law : Section 32 of the SARFAESI Act, which reads as Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against any secured creditor or any o....
The main legal point established in the judgment is that the court should not interfere with the rejection of a discharge petition unless there is inherent perversity in the lower court's findings.
Court's emphasis on procedural compliance and affidavit support in FIR challenges.
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