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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Biplab Keshari Satapathy – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. The present CRLMC petition has been filed under Section 528 of the BNSS challenging the order dated 17.01.2025 passed by the learned Civil Judge (J.D.)-cum-JMFC, Jatni in I.C.C. Case No.71 of 2024, whereby cognizance has been taken against the petitioners under Sections 296 /351/304/356/3(5) of the Bharatiya Nyaya Sanhita, 2023.
I. FACTUAL MATRIX OF THE CASE :
2. The facts of the case are as follows:
(i) The dispute relates to land corresponding to Khata No. 88, Plot No. 298/474, Area 0.020 dec out of A.0.070 dec, Kisam- Puratan Patita, Mouza- Jatni Town Khas Mahal, Tahasil- Jatni, District- Khurdha.
(ii) Prior to the criminal complaint, the informant instituted Civil Suit No. 1012 of 2024 before the 1st Additional Civil Judge (Senior Division), Bhubaneswar seeking permanent injunction and ad- interim injunction alleging attempted encroachment by the present petitioners over the suit land.
(iii) During pendency of the civil suit, the informant filed I.C.C. Case No. 71 of 2024 alleging that on 12.11.2024 the petitioners were constructing a boundary wall over the disputed land and had abused him in filthy language.
(iv) The petitioners filed objections
Criminal proceedings stemming from civil disputes must reveal substantial criminal elements; otherwise, they serve as a misuse of process and warrant quashing.
The inherent jurisdiction under Section 528 BNSS prevents criminal prosecution from being used as a tool in a civil dispute, especially in cases lacking substantial criminal evidence.
Criminal proceedings cannot be quashed merely due to related civil disputes; both can coexist if criminal allegations substantiate independent wrongful conduct.
Criminal proceedings initiated from civil disputes lacking prima facie case must be quashed to prevent abuse of legal process.
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
The exercise of inherent jurisdiction under Section 482 Cr.P.C. requires the allegations to prima facie constitute an offence, the absence of mala fide intentions, and the presence of a legal bar for....
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