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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Suresh Chandra Sahu @ Suresh Sahu – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the factual background. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by the petitioners regarding evidence. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. opposite party's counterarguments. (Para 13 , 14 , 15 , 16) |
| 4. court's analysis on legal principles regarding document production. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. final summary of the court's decisions and next steps. (Para 33 , 34) |
| 6. conclusion and order by the court. (Para 35 , 36) |
JUDGMENT :
A.K. Mohapatra, J.
1. The present CRLMC application has been filed by the Petitioners with a prayer to quash the impugned order of the ADJ-cum-Special Judge, Bhanjanagar, dated 26.06.2025 under Annexure-7 passed in G.R. Case No. 80/2024 (Special Act) arising out of Tarasing P.S. Case No.0376/2024, for commission of offence punishable under sections 417/ 376(2)n)/ 379/ 506/ 294/ 34 of the I.P.C, 1860 read with sections 3(1)(r)/ 3(1)(s)/ 3(1)(w)/ 3(2)(v)/ 3(2)(va) of the SC&ST (PoA) Act, 1989. A further prayer has also been made to direct the learned trial court to call for Notary Register from the Notary Public, Dasapalla, Sri S.K.Patra, Regd. No.29/99, so as to bring o
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
Point of law:Discharge petition - jurisdiction under Section 91 of the Code when invoked by accused, the necessity and desirability would have to be seen by the Court in the context of the purpose in....
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
At the stage of framing of charge, the court can only consider material produced by the prosecution. The accused cannot invoke Section 91 to prove innocence, unless material of sterling quality has b....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
Accused cannot seek documents to prove innocence at the stage of framing charges under Sec. 91 of Cr.P.C.
(1) Section 91 Cr.P.C. does not confer any right on accused to produce document in his possession to prove his defence.(2) Application under Section 91 Cr.P.C. at instance of accused would lie even a....
The main legal point established in the judgment is that accused persons are entitled to invoke Section 91 CrPC after the filing of the charge-sheet, and the trial Court has the jurisdiction to direc....
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
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