Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Nirod Bihari Mohanty – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. existence of prior acquittal impacts ongoing proceedings. (Para 1 , 2) |
| 2. court analysis on evidence and hostility of witnesses. (Para 3 , 6 , 7) |
| 3. arguments on the necessity of quashing. (Para 4 , 5) |
| 4. final order quashing the proceedings. (Para 8 , 9) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant petition under Section 482 Cr.P.C. is at the behest of the petitioner for quashing of the proceeding in connection with G.R. Case No. 1194(A) of 2012 pending in the file of learned SDJM, Kendrapara corresponding to Patkura P.S. Case No. 213 of 2012 on the grounds inter alia that one of the accused persons, namely, Ramesh @ Binod Bihari Mohanty has been acquitted of all the charges after a full-fledged trial in S.T. Case No. 227 of 2013 by judgment dated 17th March, 2022 of the learned Special Judge, Kendrapara.
2. In fact, the informant lodged the F.I.R. for the alleged occurrence describing therein the circumstances leading to the death of the victim being assaulted by the petitioner and others. After completion of investigation, chargesheet was submitted against the petitioner and other accused persons. The chargesheet was filed under Section 302 IPC and other allied offenc
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
When prosecution witnesses turn hostile and the basis of the case is undermined, the trial may be deemed futile, justifying the quashing of proceedings against accused.
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Inherent powers under Section 482 Cr.P.C. may be exercised to quash criminal proceedings if extraordinary circumstances arise, such as marriage between accused and victim, even in serious non-compoun....
Point of law: Quash of criminal proceedings – Dismissed - Judgment of acquittal is not admissible under Sections 40 to 43 of the Evidence Act and the benefit cannot be extended.
The acquittal of co-accused does not bar the prosecution of other accused who have not faced trial, and each case must be decided on its own evidence.
The court established that charges cannot be sustained without adequate evidence, and magistrates must provide reasons for their decisions to ensure justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
