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IN THE HIGH COURT OF ORISSA AT CUTTACK
Savitri Ratho, J, SAVITRI RATHO
Deepak Oram – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. application for quashing of charges. (Para 1 , 2 , 3 , 4) |
| 2. overview of prosecution case and allegations. (Para 11 , 12) |
| 3. arguments from petitioner and state. (Para 14 , 15) |
| 4. court's observation regarding inherent powers. (Para 17 , 18 , 19) |
| 5. determination on the petitioner's application. (Para 23 , 24) |
JUDGMENT :
Savitri Ratho, J.
I have heard Mr. L.N. Patel, learned counsel for the petitioner and Mr. J. Katikia, learned Addl. Govt. Advocate for the State.
2. This application under Section - 482 of the Cr.P.C. had originally been filed on 27.10.2016 with a prayer for “ setting aside/quashing the order dated 29.09.2005 passed by the learned S.D.J.M., Sambalpur in C.T. Case No. 2058 of 2011 arising out of Jujumara P.S. Case No. 57 of 2004”.
On 11.01.2017, M.C. No. 129 of 2017 for amendment was filed in Court for amendment of the prayer portion. It was allowed on the same day.The consolidated petition was filed in court on the same day.
On 13.01.2017, this Court directed the learned counsel for the petitioner to get the up-to-date ordersheet in C.T. Case No.2058 of 2011 from the Court of the Learned S.D.J.M., Sambalpur after which M.C. No. 509 of 2017 was filed on 01.
The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Point of law: Quash of criminal proceedings – Dismissed - Judgment of acquittal is not admissible under Sections 40 to 43 of the Evidence Act and the benefit cannot be extended.
The acquittal of co-accused necessitates the quashing of charges against similarly situated accused, reinforcing the doctrine of parity in criminal proceedings.
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