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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Babi Panda – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. background of the complaint against the petitioner. (Para 1 , 2) |
| 2. arguments regarding the validity of the complaint. (Para 3 , 4) |
| 3. court's observations on procedural validity. (Para 5 , 6) |
| 4. establishment of the legal principles for quashing. (Para 7 , 8) |
| 5. conclusion on quashing the criminal proceedings. (Para 9) |
JUDGMENT :
G. SATAPATHY, J.
1. The petitioner by way of this application U/S.482 of Cr.P.C. prays to quash the entire criminal proceeding initiated against her in G.R. Case No.233 of 2012 arising out of Rayagada P.S. Case No.92 of 2012 as a sequel of complaint in 1.C.C. No.30 of 2011 pending in the file of learned S.D.J.M., Rayagada.
2. The background of facts in precise are the petitioner, according to O.P.No.2, started a private Chit Fund Scheme of a group of 20 persons including O.P.No.2 and, accordingly, each of the group members was to deposit a sum of Rs.5,000/- (Rupees Five Thousand) per month and there would be a monthly draw in which the highest bidder would take the amount so deposited by all the 20 members and the tenure of the scheme would be one year. The scheme accordingly ran and O.P.No.2 was regularly paying Rs.5,000/- (Rupees Five Thousan
A complaint under Section 156(3) must be supported by an affidavit; failure to provide it can lead to quashing of criminal proceedings based on insufficient evidence.
A court may dismiss a petition under Section 482 of Cr.P.C. if prima facie evidence exists against the accused, thus necessitating a trial for the substantial justice.
Quashing of criminal proceeding – It is no part of business of any of courts to ascertain what outcome of trial could be – Unless prosecution is shown to be illegitimate so as to result in abuse of p....
The judgment establishes the principle that in cases involving allegations of cheating and fraudulent intention, there must be prima facie evidence to establish criminality, and the court must distin....
The central legal point established in the judgment is that the continuation of a criminal Prosecution can amount to an abuse of process if the alleged offences are not made out and the dispute has a....
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