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Rudra Pratap Mohanty vs State Of Orissa

Orissa High Court · Decided on 3 May 2024 · Citation: (2024) 05 OHC CK 0044

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 419, 420, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2509 Of 2024
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Judgment

8 paragraphs · 319 words

Savitri Ratho, J

1.

Ms. S. Mishra, learned Addl. Standing Counsel for the State submits the instruction dated 02.05.2024 of the S.I. of Police Madhupatna Police Station regarding criminal antecedents of the petitioner where it is stated that the petitioner is involved in (i) Balianta P.S. Case No. 173 dated 15.06.2016 under Sections 419, 420 of IPC and (ii) Madhupatna P.S. Case No. 159 of 2023 under Section 420 of IPC (the present case).

2.

This is the third application under Section 439 of Cr.P.C. in connection with Madhupatna P.S. Case No. 159 of 2023 corresponding to G.R. Case No. 472 of 2023 pending in the Court of the learned J.M.F.C.-IV, Cuttack under Sections 420, 419, 506 of IPC.

3.

Heard Mr. S.N. Mishra, learned counsel for the petitioner, Ms. S. Mishra, learned Addl. Standing Counsel for the State and Mr. M.B.Das, learned counsel for the informant.

4.

It is submitted that the charge sheet dated 03.12.2023 has been submitted in the case under Sections 420, 419, 506 of IPC against the present petitioner keeping the investigation open under Section 173(8) of Cr.P.C.

5.

The case diary has been received by the learned Addl. Standing Counsel for the State on 29.04.2024. Perusal of the case diary reveals that after 03.12.2023 further investigation has been conducted by the I.O. On 02.04.2024, the details of Hyundai Creta car and gold purchase by the petitioner have been indicated and on 05.04.2024, mention has been made regarding the sale deeds executed by the complainant in respect of the paternal property for an amount of Rs. 59,12,900/- from which the petitioner allegedly received cash of Rs.5,64,900/-.

6.

List this case on 09.05.2024 to enable Ms. S. Mishra, learned Addl. Standing Counsel for the State to obtain instructions from the I.O. regarding the further investigation which is to be conducted in the case and time within which the investigation is likely to be completed.

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