S. Dayanidhi Reddy @ Daya Reddy vs State Of Odisha
2022 Latest Caselaw 6986 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLMC No.2961 of 2022

             S. Dayanidhi Reddy @ Daya Reddy      ....             Petitioners
             and Others
                                            Mr. Jyotirmaya Sahoo, Advocate


                                           -Versus-


             State of Odisha                           ....         Opposite Party
                                                            Mr. T.K. Praharaj, SC


                        CORAM:
                        MR. JUSTICE R.K. PATTANAIK

                                          ORDER

30.11.2022 Order No.

01. 1. Heard Mr.Jyotirmaya Sahoo, learned counsel for the petitioners and Mr.T.K. Praharaj, learned Standing Counsel for the State.

2. Instant petition under Section 482 Cr.P.C. is filed by the petitioners for quashing of the order of cognizance dated 7th August, 2003 passed by the learned J.M.F.C., Khallikote in G.R. Case No.226 of 2002 arising out of Rambha P.S. Case No.117 of 2002 on the grounds stated therein.

3. Mr. J. Sahoo, learned counsel for the petitioners submits that two other accused persons have been acquitted of all the charges after a full-fledged trial in S.T. No.05 of 2007 passed by the learned Assistant Sessions Judge, Chatrapur vide judgment dated 16th September, 2015 and considering the same, the criminal proceeding initiated against the petitioners should be quashed, While claiming so,

a copy of the judgment of the learned Assistant Sessions Court, Chatrapur in S.T. No.05 of 2007 besides depositions of the prosecution witnesses have been produced for reference of the Court.

4. However, considering the nature of allegations made, the Court is of the considered view that presence of injured persons is very much necessary before passing any order. Accordingly, it is directed.

5. The injured persons are directed to remain present in person in Court on 2nd December, 2022 at 10.30 A.M. along with their identity proof for perusal of this Court.

6. Issue urgent certified copy of this order on proper application.

(R.K. Pattanaik) Judge U.K.Sahoo