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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Pravash Chandra Sahu – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
V. Narasingh, J.
Heard Mr. B.K. Sharma, learned Senior Counsel for the Petitioner and Mr. S.N. Das, learned Additional Standing Counsel for State. None appeared for the private Opposite Party No.2 despite due service of notice.
Revisionist by way of this revision assails the order dtd.22.01.2024 at Annexure-1 passed by the learned C.J.M-cum- Assistant Sessions Judge, Nuapada in S.T Case No.79/46 of 2023 (Arising out of 1 CC No.12 of 2003 committed by the learned J.M.F.C., Sinapali) rejecting the prayer of the Petitioner in an application under Section 227 Cr.P.C., to discharge him of the charges under Sections. 147, 148, 341, 323, 325, 307, 506, 395, 149 and 120-B of I.P.C.
Case of the Petitioner/ Accused:-
1. Khirasindhu Meher (Opposite Party No.2) filed a written report on 11.04.2003 that on 10.04.2003 at about 12:30 p.m., one Gora Meher @ Rajib Lochan was proceeding towards the Jangya Mandap with a sum of Rs.16,000/- (Rupees Sixteen Thousand) by withdrawing the same from the bank. When said Gora Meher @ Rajib Lochan reached Gudia Chowk, the accused persons, by forming an unlawful assembly, were waiting there being armed with deadly weapons like lathis with the common obj
Insufficient evidence warrants discharge under Section 227 of the Cr.P.C.; previous acquittals of co-accused negate grounds for continued prosecution.
Discharge from criminal charges requires prima facie evidence; mere naming in FIR without supporting evidence is insufficient for trial.
The court ruled that charges framed against an accused must have sufficient evidence of demand and acceptance to uphold prosecutorial validity; otherwise, it constitutes an infringement of fundamenta....
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of qua....
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
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