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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Simanchalo Patro – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding involvement in fraud. (Para 4 , 5) |
| 3. court analysis of charges and evidence. (Para 6 , 7) |
| 4. need for sanction under section 197 cr.p.c. (Para 8 , 9) |
| 5. conclusion quashing order of cognizance. (Para 10 , 11) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the order of cognizance dated 2nd July, 2022 under Annexure-4 passed in G.R. Case No.1458 of 2021 corresponding to B. Town P.S. Case No.169 of 2021 dated 25th June, 2021 registered under Sections 120 -B, 419, 420, 465, 467, 468, 471 read with 34 IPC pending in the file of learned S.D.J.M., Berhampur on the grounds inter alia that the same is bad in law and hence, liable to be quashed in the interest of justice.
2. An FIR was lodged by opposite party No.2, namely, informant with the allegation that the property situate over Khata No.1842/2295 measuring Ac.0.0743 dec. was purchased by her in 2016 and thereafter, the ownership of the same was changed by mutation but then later on learnt that the accused, namely, Kishore Chandra Mishra by employing fraud managed to record the la
Prosecution of public servants for actions in official duty requires prior sanction under Section 197 Cr.P.C., necessitating clear evidence of involvement in fraud for cognizance to stand.
Failure to establish a prima facie case under Sections 417 and 465 of the IPC; lack of necessary sanction for prosecution of public servant mandates quashing of proceedings.
Fraud vitiates all solemn acts and any instrument obtained through fraud is void.
Offence of Forgery – Quash of order - Court not find any criminal act having been committed during entire process. Only person who could have been aggrieved was seller, who’s statement was recorded b....
Point of law: As per Section 6 of the Act, every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provis....
The Court determined that a detailed inquiry under Section 202 Cr.P.C is essential before taking cognizance in allegations of fraud and forgery, highlighting the importance of judicial diligence and ....
(1) Cheating, forgery and conspiracy – If intent is on face of it is absent qua one of offences in same transaction, it is absent in respect of other offence as well.(2) Sections when put into a char....
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
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