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2023 Supreme(Ori) 269

IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Sayad Sibgatullah @ Sifka Tullha – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.Mukherji, Sr. Advocate
For the Opposite Parties :Mr. S.S. Pradhan, AGA, Mr. S.A.Nayeem, Advocate

Table of Content
1. factual background of allegations (Para 1 , 2)
2. arguments presented by parties (Para 3 , 4)
3. grounds for quashing criminal cases outlined (Para 5)
4. analysis of section 506 ipc and threats (Para 6 , 7)
5. existence of no prima facie case established (Para 8)
6. crlmc quashed; conclusion of judgment (Para 9)

JUDGMENT :

G.SATAPATHY, J.

1. The petitioner seeks the indulgence of the Court to quash the order passed on 02.07.2012 by learned S.D.J.M.(S), Cuttack in G.R. Case No. 419 of 2011 taking cognizance of offences U/Ss. 448/294/506 of IPC under Annexure-3 and consequently, the entire criminal proceeding arising thereof.

2. Facts giving rise to this CRLMC in precise are on 11.04.2011 OPNo.2 lodged an FIR against the petitioner and his brother before the I.I.C. Cantonment P.S. alleging therein that on 11.04.2011 at about 3.45 P.M. in the afternoon, while she being the president of their organization was discussing with the administrator of WAKF Board in his chamber for issue relating to maintenance of divorcee (Talaki) women, all of a sudden the sons of the administrator namely, Sifka Tulla and Aheshan Tulla along with seven to eight others by entering into such chamb











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