Deepak Oram vs State Of Orissa
2022 Latest Caselaw 7202 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.3482 of 2016

                 Deepak Oram                            ....              Petitioner
                                                             Ms. A. Ray, Advocate

                                            -versus-
                 State of Orissa                       ....            Opp. Party
                                                       Mr. S.S. Pradhan, A.G.A.
                                          CORAM:
                                   JUSTICE G. SATAPATHY
                                           ORDER

Order No.                                 08.12.2022

    16.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Ms. Agni Sikha Ray, learned counsel for the Petitioner by relying upon the judgment Premananda Sahu Vrs. State of Orissa; (2012) OLR-(II) 961 submits that when co-accused persons have already been acquitted in due trial, the present criminal proceeding against the Petitioner would be a futile exercise of power and is nothing but an abuse of process of Court and, therefore, criminal proceeding against the Petitioner may kindly be quashed.

3. Mr. S.S. Pradhan, learned A.G.A., submits that in view of provision of Section 43 of Evidence Act, the judgment of acquittal of co-accused persons have got little relevance in this case and, therefore, the criminal case cannot be quashed merely on the ground of acquittal of co-accused persons.

4. A perusal of record reveals that the Petitioner has prayed to quash the entire criminal proceeding in C.T. Case No. 2058 (A) of 2004 arising out of Jujumora P.S. Case No. 57 of 2004 against the Petitioner, but not a single document of such case has been filed in // 2 //

the CRLMC. Besides this Court by an order passed on 13.01.2017 has directed to get the up-to-date order sheet in C.T. Case No. 2058 of 2004 of the Court of learned S.D.J.M., on the next date, but no such order sheet has yet been filed by the Petitioner, no matter the Petitioner has taken time on 17.10.2022 to obtain instruction with regard to the present status of the original criminal case by producing the certified copy of the last date order sheet which is yet to be produced.

5. In the aforesaid premises, the Petitioner is directed to produce the latest order sheet of C.T. Case No. 2058 (A) of 2004 to apprise the present status of the case.

6. List this matter on 13.12.2022.

( G. Satapathy) Judge Priyajit