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2022 Supreme(Ori) 561

R. K. PATTANAIK
Surendra Kumar Mishra – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
Mr. Rajesh Kumar Mohapatra, Advocate, for the Appellant; Mr. Sidharth Shankar Mohapatra, Asc, for the Respondent.

JUDGMENT

1. Instant petition under Section 482 Cr.P.C. is at the behest of the petitioner assailing the impugned order dated 5th August, 2013 passed in S.C. No.52 of 2013 by the learned Sessions Judge, Sonepur whereby charge under Sections 294, 323 and 506 IPC besides Section 3(1)(x) SC&ST (PoA) Act was framed against him on the grounds inter alia that no case is made out for any of the offences including under the special Act and it is liable to be quashed in the interest of justice so also the charge framed thereunder.

2. An FIR was lodged by the informant, consequent upon which, Tarva P.S. Case No.96 dated 6th December, 2012 was registered under the alleged offences, which finally led to the submission of chargesheet later to which the learned Sessions court passed the impugned order (Annexure-2) which, according to the petitioner, is unjustified as none of the offences was made out even by considering the materials on record.

3. Heard Mr. R.K.Mohapatra, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned counsel for the State. None represents opposite party No.2.

4. Mr. Mohapatra, learned counsel for the petitioner submits that the court below framed charge mechanica

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