CRLMC/1025/2020
2021 Latest Caselaw 3741 Ori

                               CRLMC No.1025 of 2020




02. 17.03.2021               Heard the learned counsel for the Petitioner and the
                 learned counsel for the State.
                             This application under Section 482 of Cr.P.C. has
                 been filed by the Petitioner with a prayer to quash the order of
                 cognizance and the charge framed against him in C.T. Case
                 No.299 of 2017 pending in the court of J.M.F.C., Nuapada.
                             The Petitioner has come to this Court in the midst of
                 the trial seeking quashment of the charge on the ground that the
                 witnesses, who have examined, having not been deposed
                 anything against him, the charge is liable to be quashed in
                 exercise of power under Section 482 of Cr.P.C.
                             The aforesaid prayer is misconceived inasmuch as in
                 the midst of the trial, the Court cannot exercise its jurisdiction
                 under Section 482 of Cr.P.C. appreciating the evidence
                 adduced.      Appreciation of evidence adduced in a trial is
                 exclusive domain of the trial court while rendering judgment.
                             Therefore, the prayer made by the Petitioner is
                 without any substance and, accordingly, the same stands
                 rejected.
                             Hence, the CRLMC stands dismissed.
                             However, it is submitted that the case is lingering in
                 view of the fact that it is being transferred from one court to
                 another court, it is directed to the learned S.D.J.M., Nuapada to
                 withdraw the case to his file and dispose the same as
                        2




     expeditiously     as     possible, preferably within a period of
     six months hence, if there is no legal impediment.




                                            .......................
                                            S.Pujahari, J.

DA