Nalini Acharya @ Naliniprava vs State Of Odisha & Anr
2021 Latest Caselaw 13035 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLMC No.35 of 2021
            Nalini Acharya @ Naliniprava           ....            Petitioners
            Acharya & Ors.
                                             Mr. Devashis Panda, Adv.
                                       -versus-

            State of Odisha & Anr.                 ....          Opp. Parties
                                            Mr. Karunakar Gaya, ASC
                                           (for O.P. No.1)
                                          Mr. Pramod Kumar Lenka, Adv.
                                          (for O.P. No.2)
                     CORAM:
                     JUSTICE S.K. PANIGRAHI
                                  ORDER

Order No. 23.12.2021

14. 1. This matter is taken up through hybrid mode.

2. Mr. Devashis Panda, learned counsel for the Petitioners, Mr. Karunakar Gaya, learned Additional Standing Counsel for the Opposite Party No.1 and Mr. Pramod Kumar Lenka, learned counsel for the Opposite Party No.2 are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of the learned counsels for the parties and the order is passed accordingly as follows:

3. Keeping in mind the aforesaid, when the case in hand is addressed, the ingredients of the offences are as such prima facie lacking in this case, to proceed against the petitioners. More so, perusal of the materials on record goes to show that the essential ingredients of the alleged offences both under the

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Penal Code as well as under the S.C. and S.T (PA) Act are not made out against the Petitioners and no prima-facie cognizable offences are made out. Since the alleged incident has never occurred in public place but inside the house of the complainant, it cannot be said that the order of cognizance and issuance of process there under is well founded in law.

4. Hence, this Court is of the view that, the criminal proceeding against the present Petitioners was without any substance and as such this CRLMC stands allowed and the impugned order stands set aside. Consequently, the prosecution against the Petitioners in I.C.C. No.22 of 2019 pending in the court of the learned Special Judge, Jagatsinghpur stands quashed. The court concerned on receipt/ production of the certified copy of this order shall do well to drop the aforesaid proceeding against the Petitioners.

5. With the aforesaid order, this CRLMC stands disposed of being allowed.

( S.K. Panigrahi) Judge BJ