Dayanidhi Dehury vs State of Odisha - 2024 Supreme(Ori) 198

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ori) 198

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Dayanidhi Dehury – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Petitioner:Mr. D.P. Dhal, Senior Advocate & Mr. Anshuman Ray, Advocate
For the Respondent: Mr. J.P. Patra, Additional Standing Counsel

Table of Content
1. factual background of the case. (Para 1 , 2)
2. arguments of the petitioner and state. (Para 4 , 5)
3. court's analysis of negligence and liability. (Para 6 , 7 , 8 , 9)
4. court's conclusion on lack of criminal liability. (Para 10)
5. order quashing charges against the petitioner. (Para 11 , 12)

JUDGMENT :

1. Instant petition under Section 482 Cr.P.C. is filed by the petitioner challenging the order of framing of charge dated 19th April, 2011 (Annexure-6) and the proceeding in connection with G.R. Case No.145 of 1998 qua him pending in the file of learned S.D.J.M., Sambalpur on the grounds inter alia that such initiation of criminal prosecution against him is ex-facie illegal, hence, in the interest of justice, deserves intervention of this Court in exercise of its inherent power.

3. Heard Mr. Dhal, learned Senior Advocate appearing for the petitioner assisted by Mr. Anshuman Ray, Advocate and Mr. Patra, learned Additional Standing Counsel for the State.

5. On the contrary, Mr. Patra, learned ASC for the State submits that adequate measures were not taken by the petitioner, who like others was casual without being aware of the serious consequences to follow, allowed t

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