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ORISSA HIGH COURT
S.K.MISHRA, J
AVIJIT BASTIA – Appellant
Versus
STATE OF ODISHA – Respondent
| Table of Content |
|---|
| 1. facts of the case leading to quashing application (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments on legal standards for summoning (Para 7 , 8 , 10) |
| 3. court observations on the application of section 319 crpc (Para 9 , 16 , 17) |
| 4. ratio on legal standards and statutory interpretation (Para 14 , 15) |
| 5. final decision on the dismissal of the petition (Para 19) |
S.S. Mishra, J.
2. The case originates from an FIR lodged on 10.12.2023 by Opposite Party No. 2 (informant) at Biridi P.S., alleging that the occurrence took place on 10.12.2023 at about 11:30 AM on a public road in front of the Petitioners’ house. A marriage function was being celebrated in the family of Anil Mallick, which the complainant attended. At that time, accused Biswajit Bastia, Avijit Bastia, and Jagatjeet Bastia were passing through the spot on a motorcycle. The complainant’s son, Susanta, was standing by the roadside when the accused stopped near him and allegedly stated, "Kandara Bahaghara Kan Dekhiba, Sala ku Chuin le Chuan Heba".
4. The police, after investigation, filed a chargesheet only against Biswajit Bastia under Sections 294, 323 of IPC read with Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Sched
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