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THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Sunita Datta – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner’s challenge to the cognizance of ipc offences. (Para 1 , 3) |
| 2. petitioner's arguments against the charge sheet authenticity. (Para 4 , 5 , 6) |
| 3. interim relief granted to the petitioner. (Para 7) |
| 4. court's view on abuse of process based on university clarification. (Para 8 , 9) |
| 5. quashing of criminal proceedings against the petitioner. (Para 10) |
JUDGMENT :
Mishra, J. The present CRLMC is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated 11.01.2021 passed by the learned J.M.F.C., Hatadihi in G.R. Case No.271 of 2020, whereby cognizance of offences under Sections 420, 468, and 471 of the Indian Penal Code has been taken against the petitioner. It is contended that the charge sheet submitted by the Sub-
Inspector, Nandipada, Police Station does not disclose any material sufficient to justify charges alleged in proceeding against the petitioner.
2. Heard Mr. Banshidhar Satpathy, learned Counsel for the petitioner and Mr. S.N. Biswal, learned Additional Standing Counsel for the opposite parties.
3. Prosecution case in brief devoid of unnecessary details is that one Sunita Datta, a qualified graduate holdi
The continuation of criminal proceedings against an individual is an abuse of process when substantiated evidence negates the charges, as affirmed by the High Court.
The judgment emphasizes the importance of a fair and transparent inquiry process, ensuring the right to cross-examine witnesses and present a defense, as mandated by Rule 9 of the Nagaland Services (....
Point of Law : High Court cannot interfere with investigation in exercise of its power under Section 482 Cr.P.C.
In disciplinary proceedings, the standard of proof differs from criminal law; acquittal does not undermine departmental findings if misconduct is established.
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