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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Murari Pasayat – Appellant
Versus
Khiradhar Pasayat – Respondent
| Table of Content |
|---|
| 1. introduction of the revision application and factual background. (Para 1 , 2 , 3) |
| 2. parties present their arguments regarding discharge. (Para 4 , 5) |
| 3. court reviews the evidence and argument presented. (Para 6 , 10 , 12 , 14) |
| 4. court observes necessity of reviewing ud record in charge framing. (Para 8 , 18 , 20) |
| 5. final orders issuing a re-evaluation of discharge plea. (Para 21 , 22) |
JUDGMENT :
R.K. Pattanaik, J.
1. Instant revision under Section 401 read with Section 397 Cr.P.C. corresponding to Section 442 BNSS is at the behest of the petitioner assailing the impugned order dated 7th January, 2025 passed in connection with C.T. (Sessions) Case No.113 of 2024 by learned Sessions Judge, Jharsuguda arising out of 1CC Case No.56 of 2012, whereby, an application under Section 227 Cr.P.C. demanding discharge by him was rejected on the grounds inter alia that such decision is legally not tenable and hence, therefore, liable to be interfered with and set aside in the interest of justice.
2. According to the petitioner, the complaint in 1CC Case No.56 of 2012 was filed by opposite party No.1 before the court of learned S.D.J.M., Jharsuguda alleging therein that on 1st D
The court upheld that at the discharge stage under Section 227 Cr.P.C., all relevant materials must be considered, allowing for sufficient grounds to discharge an accused if charges lack substantial ....
The main legal point established in the judgment is the importance of evaluating the evidence at the stage of framing charges, emphasizing the need for strong suspicion based on material to justify f....
The Trial Court must wait for all relevant reports and evidence before discharging an accused, and the judgment should be based on whether the prosecution has proved its case beyond reasonable doubt.
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
The main legal point established is that at the stage of framing charges, the trial court is only required to consider whether uncontroverted allegations prima facie make out a case against the accus....
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; a direct nexus between the accused's actions and the suicide must be established.
Mere allegations of quarrel or disagreement in marital life do not constitute sufficient grounds for charges of abetment of suicide or cruelty under IPC Sections 306 and 498-A without clear evidence ....
The judgment establishes the principle that a fair and just investigation is essential for a fair trial, and the defective investigation cannot be a ground for discharge. It emphasizes the obligation....
Defective investigations that neglect crucial evidence cannot justify discharge; courts must ensure thorough investigations in cases involving dowry-related deaths.
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