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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Rasmita Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. grounds for quashing the complaint case (Para 1 , 2) |
| 2. court's view on parallel proceedings (Para 3 , 4 , 8 , 9) |
| 3. arguments against malafide intent in complaint (Para 5 , 10) |
| 4. legal implications of section 210 of cr.p.c. (Para 6 , 7) |
| 5. conclusion to quash proceedings (Para 12 , 13 , 14) |
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. The Petitioners have instituted the present Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, 1973/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the inherent jurisdiction of this Court, seeking quashing of the Complaint Case i.e. ICC Case No.16 of 2024, of the file of the Learned SDJM, Nayagarh.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 28.02.2024 at 7.50 P.M., the Opp. Party No.2 lodged an F.I.R. before Nayagarh P.S. with respect to an incident alleged to have taken place earlier that day at about 1:00 PM. The said report was registered as Nayagarh P.S. Case No. 65 of 2024 under Section 341, 294,323, 354, 379, 506, 34 of IPC.
(ii) Upon completion of investigation, the Investigating Officer submitted the charge-sheet on 31.03.2024 against all the Petitio
Continuation of dual criminal proceedings based on identical allegations violates Section 210 of the Code of Criminal Procedure, leading to abuse of court process and is unsustainable.
The provisions of Section 210 of Cr.P.C. are mandatory and aim to safeguard the interest of the accused from unnecessary harassment.
Judicial process cannot be allowed to be used as an instrument of oppression against anybody.
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