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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Anubhav Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. jurisdiction for revision. (Para 1 , 2) |
| 2. factual background and allegations. (Para 3 , 4 , 5) |
| 3. prior legal proceedings. (Para 6 , 7) |
| 4. legal standards for discharge. (Para 8 , 9 , 10 , 11) |
| 5. evidence assessment at charge framing. (Para 12 , 13 , 14) |
| 6. conclusion and dismissal of revision. (Para 15) |
Judgment :
B.P. Routray, J.
1. Invoking revision jurisdiction of this court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short 'the Cr.P.C.), present revision has been filed with the prayer to set aside order dated 8th May 2024 of learned J.M.F.C., Cuttack passed in G.R. Case No.1544 of 2020 and consequently to discharge the petitioners from the charged offences.
2. Three petitioners are there in present revision application and learned J.M.F.C. in G.R. Case No.1544 of 2020 took cognizance against them vide order dated 18th December, 2023. Petitioner No.1 has been charged with offences under Section 498-A/506/341/294/509/ 34/109 of the Indian Penal Code, 1860 (for short 'the I.P.C.') and Petitioners No.2 and 3 are charge-sheeted for commission of offences under Section 34/509 of the I.P.C. in connection with Purighat P.S. Case No.02
Court confirmed that charges must be based on prima facie evidence during the discharge stage, and only extremely implausible allegations warrant quashing of charges.
The scope and ambit of Sections 227, 228, 397 and 482 Cr.P.C. and the principles governing the exercise of jurisdiction under these provisions, particularly in the context of discharge of accused and....
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the st....
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
The main legal point established in the judgment is the need for proper investigation and the cautious exercise of inherent jurisdiction under Section 482 of CrPC. The Court emphasized that interfere....
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
The court emphasized that the allegations, if proved, constitute an offence and should be decided in a trial, and that the court cannot appreciate evidence while considering a petition for quashing c....
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