Ajaya Kumar Barik vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 685

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Ajaya Kumar Barik – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant :Mr. Jagbandhu Sahoo, Senior Advocate
For the Respondent:Mr. P.K. Muduli, AGA Mr. P.S. Das, Advocate

Table of Content
1. petitioner's challenge based on alleged wrongful action. (Para 1 , 2)
2. arguments regarding the necessity of sanction under section 197 cr.p.c. (Para 3 , 4)
3. considerations related to the application of section 197 cr.p.c. (Para 5 , 6 , 7 , 8 , 9)
4. conclusion quashing the previous cognizance order. (Para 10 , 11)

JUDGMENT :

R.K. PATTANAIK, J.

1. The petitioner has preferred the instant petition under Section 482 Cr.P.C. challenging the legality and judicial propriety of the impugned order of cognizance dated 16^th April, 2011 under Annexure-1 passed in 1CC Case No.20 of 2009 by the leaned J.M.F.C., Kodala, Ganjam on the grounds inter alia that the same is not tenable in law and hence, liable to be quashed in the interest of justice.

2. Briefly stated, opposite party No.2 filed a complaint in the court of learned J.M.F.C. Kodala with regard to an incident dated 9^th February, 2008 during which it is alleged that the petitioner and other police staff illegally seized his motorcycle claiming it to be stolen and in that connection, he was ill-treated and abused in filthy language, inasmuch as, the vehicle was not released despite showing proof regarding its ownership.

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