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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Bikram Pradhan – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. invocation of jurisdiction for quashing cognizance. (Para 1 , 2) |
| 2. contentions of both parties regarding allegations. (Para 3 , 4) |
| 3. analysis of prima facie evidence for u/s.436 ipc. (Para 5 , 6 , 7 , 8 , 10 , 11) |
| 4. judicial scrutiny of complaint and evidence. (Para 9) |
| 5. quashing of impugned order due to lack of evidence. (Para 12 , 13) |
JUDGMENT :
G. Satapathy, J.
1. Aggrieved by the order passed on 30.11.2015 in C.T. Case No.186 of 2011 by which the learned S.D.J.M., Rairakhol took cognizance of offence U/S.436 of IPC , the petitioner has invoked the jurisdiction of this Court U/S.482 of Cr.P.C. to quash the aforesaid order taking cognizance of offence U/S. 436 of the I.P.C.
2. The relevant facts in precise are that on 21.03.2011 at about 9 P.M. in the night, the house of one Rajkishore Pradhan of village Uparamunda was found burning and due to prior landed dispute with his four brothers, Rajkishore Pradhan suspected the involvement of his four brothers for setting his house on fire and accordingly, he lodged an FIR before the IIC, Kisinda P.S. against his four brothers namely, Gobardhan Pradhan, Ajit Pradhan, Ashok Pradhan and Bikram Pradhan, which was registered
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