High CourtsSingle Bench(2024) 02 OHC CK 0170

Shiba @ Shiba Prasad Sahu & Others vs State Of Orissa

Orissa High Court · Decided on 19 February 2024

HON’BLE JUDGES
S.S. Mishra, J
RESULT
Disposed Of
CASE NUMBER
CRLMC No.13 Of 2024

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 186 words

S.S. Mishra, J

1.

The petitioners have filed the present petition under Section 482 Cr.P.C. seeking quashing of the cognizance order dated 14.10.2019 passed by the learned S.D.J.M., Balangir in G.R. Case No.734 of 2019.

2.

The grievance of the petitioners is that although the F.I.R. was registered under Sections-341/294/323/325/34 IPC against the petitioners, however, the charge sheet has been filed adding the graver offence under Section 307 IPC. Therefore, they apprehend arrest once they appear in the lower Court.

3.

The present petition is for quashing of the cognizance order dated 14.10.2019 passed by the learned Court below. Therefore, the grievance of the petitioners cannot be addressed in this proceeding.

4.

However, liberty is granted to the petitioners to surrender to the jurisdiction of the Court below and seek remedy available to them under law by relying upon the judgments in the cases of Sushila Aggarwal and others vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1 and Pradip Ram vs. State of Jharkhand reported in (2019) 17 SCC 326.

5.

With the aforementioned liberty, the CRLMC is disposed of.

..……………………………