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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Susant Pujari – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated based on fir allegations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. charge sheet submitted against accused persons in ongoing case. (Para 8 , 9) |
| 3. petitioner claims bona fide purchase of alleged vehicle. (Para 10 , 11) |
| 4. lack of evidence for forgery or cheating against petitioner. (Para 12 , 13 , 14) |
| 5. judicial consideration of dispute settlement through mediation. (Para 15 , 16 , 17) |
| 6. abuse of process recognized; continuation of trial unjustified. (Para 18 , 19) |
| 7. court quashes criminal proceedings based on inherent jurisdiction. (Para 20 , 21) |
JUDGMENT :
S.S. Mishra, J.
The present petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of the entire criminal proceeding in G.R. Case No. 2806 of 2009 arising out of Airfield P.S. Case No. 153 of 2009, pending in the Court of learned S.D.J.M., Bhubaneswar (now J.M.F.C.-I, Bhubaneswar), registered for alleged commission of offences punishable under Sections 467 , 468, 471, 420 read with Section 34 of the Indian Penal Code.
2. Heard Mr. Subir Palit, learned senior counsel for the petitioner, and Mr. A.K. Apat, learned Additional Government Advocate for the
A bona fide purchaser relying on verified records cannot be held criminally liable for forgery originated by a previous seller without evidence of complicity.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The mere existence of a civil dispute does not bar criminal proceedings where allegations disclose crimes, and the delay in filing a complaint does not negate the need for investigation.
Criminal and civil proceedings can coexist, but inconsistencies in claims may lead to quashing of criminal proceedings if found frivolous.
Criminal proceedings cannot pursue allegations of forgery if the accused were not the makers of the documents, emphasizing the distinction between civil and criminal disputes.
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