Orissa High Court
Kaliprasad Mallick And Another vs State Of Odisha on 12 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1994 of 2015
Kaliprasad Mallick and another .... Petitioners
Mr. S.K. Mishra, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. Sonak Mishra, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 12.08.2022
No.
06. 1 Heard learned counsel for the petitioners and learned
counsel for the State.
2. This is an application under Section 482 Cr.P.C. at the
behest of the petitioners for quashing of the criminal proceeding vis-
à-vis G.R. Case No.77 of 2009 pending in the file of learned
J.M.F.C., Daringbadi on the stated grounds.
3. An FIR was lodged by District Welfare Officer, Khandhamal
Phulbani on 27th May, 2009 with regard to obtaining fake caste
certificates, whereafter, G.R. Case No.77 of 2009 was registered under
Sections 419, 465 and 468 read with 34 IPC.
4. Learned counsel for the petitioners submits that the FIR has
been lodged later to the findings of the State Level Scrutiny Committee
(SLSC) which was subsequently quashed by this Court in a judgment
dated 2nd August, 2011 passed in W.P.(C) No.14765 of 2009 carrying a
direction for de novo enquiry and in that view of the matter, the
criminal proceeding which arises out of the FIR lodged pursuant to the
said report shall have to be quashed. The learned counsel for the State
fairly concedes that the FIR was lodged against the petitioners and
others based on the report of the SLSC and admittedly, the findings of
the Committee has been set aside by this Court with a direction for
fresh enquiry to be completed within the stipulated time.
5. A copy of the Court's judgment dated 2nd August, 2011 in
W.P.(C) No.14765 of 2009 is in record and the same is perused. The
learned counsel for the petitioners submits that the judgment carried a
direction for de nova inquiry into the matter. It is further submitted
that subsequent to a de nova inquiry, one Chakradhar Mallick has
been declared as a tribal by the SLSC by a final order dated 17th
November, 2018. A copy of the order dated 28th March, 2022 passed
in CRLMC No.1886 of 2019 is also produced by the learned counsel
for the petitioners to show that in a similar case, criminal proceeding
has been quashed in G.R. Case No.78 of 2009 pending before the
learned J.M.F.C., Daringbadi.
6. Having considered the submissions of the learned counsel for
the petitioners and State, this Court is of the considered view that for
the facts stated herein above, the criminal proceeding against the
petitioners is required to be quashed in view of the fact that the FIR
lodged on the strength of the report of the SLSC was quashed while
disposing of W.P.(C) No.7633 of 2009 filed by the petitioners having
been covered by the judgment in W.P.(C) No.14765 of 2009.
7. Accordingly, it is ordered.
8. In the result, the CRLMC stands allowed. As a corollary, the
criminal proceeding in G.R. Case No.77 of 2009 pending in the file
learned J.M.F.C., Daringbadi is hereby quashed.
(R.K. Pattanaik)
Judge
TUDU
