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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Dayanidhi Dehury – Appellant
Versus
State of Odisha – Respondent
| 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 :
R.K. PATTANAIK, J.
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.
2. The facts in brief are as follows. A plain paper FIR was lodged with respect to an incident dated 30th January, 1998, during which, on account of release of water in the Hirakud Dam with opening of two sluice gates, seven students of the UCE, Burla, while taking bath in the river bed at a ghat slipped away and died with the allegation that there has been gross negligenc
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