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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Jaguli Mohapatra @ Jagabandhu Mohapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge against criminal proceedings based on prior acquittal. (Para 1 , 2) |
| 2. evidence assessment and implications for justice. (Para 3 , 5) |
| 3. arguments on the futility of trial due to hostile evidence. (Para 4) |
| 4. distinction of case law impacting inherent jurisdiction. (Para 6) |
| 5. order quashing proceedings based on evidentiary support. (Para 7 , 8) |
JUDGMENT :
1. In the instant case, the petitioners have approached this Court by invoking its inherent jurisdiction under Section 482 Cr.P.C. challenging the initiation and continuation of the criminal proceeding in connection with G.R. Case No.423 of 2012 pending in the file of learned S.D.J.M. Puri corresponding to Brahmagiri P.S. Case No.66(46) of 2012 on the ground that the projected trial against them would be a futile exercise in view of order of acquittal vis-à-vis another accused by a judgment dated 19th March, 2013 delivered in S.T. Case No.72/316 of 2012 by the learned 1st Additional Sessions Judge, Puri.
3. Heard. Mr. Pujari, learned counsel for the petitioners and Mr. Praharaj, learned SC for the State-opposite party No.1. However, none appeared for the informant-opposite party No.2.
5. Gone through the judg
When prosecution witnesses turn hostile and the basis of the case is undermined, the trial may be deemed futile, justifying the quashing of proceedings against accused.
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 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....
The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.
Inherent powers under Section 482 Cr.P.C. may be exercised to quash criminal proceedings if extraordinary circumstances arise, such as marriage between accused and victim, even in serious non-compoun....
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Inherent power under Section 482 Cr.P.C. may be exercised to quash non-compoundable offenses to prevent abuse of process or secure justice, depending on facts and circumstances of the case.
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.
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