Binapani Prusty vs State Of Orissa
2022 Latest Caselaw 5449 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.2057 of 2016

                 Binapani Prusty                        ....             Petitioner
                                                             Mr. A.Das, Advocate

                                            -versus-
                 State of Orissa                        ....            Opp. Party
                                                              Mr.S.R.Roul, A.S.C.

                                          CORAM:
                                   JUSTICE G. SATAPATHY
                                           ORDER

Order No.                                 12.10.2022

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

2. In course of hearing of the CRLMC application, Mr.Anirudha Das, learned counsel for the petitioner by filing the certified copy of the judgment passed in the original case submits that co-accused husband and parents-in-laws of the deceased have already been acquitted by the learned trial Court after holding the trial by adopting due procedure of law and the present petitioner being the sister-in-law of the deceased was no way connected with commission of any offence as alleged against her. It is further submitted that when the principal co-accused husband has already been acquitted, the present petitioner being the sister-in-law is placed on lesser pedestal on allegation and no fruitful purpose would be served by allowing the criminal proceeding to continue. Learned counsel for the petitioner by relying upon the decisions in Central Bureau of Investigation Vrs. Akhilesh Singh; (2005) 30 OCR(SC) 201, Aditya Kumar Rath Vrs. State of // 2 //

Orissa;(2008) 41 OCR 233, Preeti Gupta & another Vrs. State of Jharkhand & another; (2010) 47 OCR(SC) 367, Geeta Mehrotra & another Vrs. State of U.P. & another; (2012) 53 OCR(SC) 1257, Santanu Kumar Panda & others Vrs. State of Orissa and another; (2014) 57 OCR 592 and Mirza Iqbal @ Golu and another Vrs. State of Uttar Pradesh and another; (2022) 86 OCR(SC) 632 prays to quash the entire criminal proceeding against the petitioner.

3. On the other hand, Mr.S.R.Roul, learned counsel for the State submits that since the judgment in the original case has been relied upon by the petitioner, it cannot be the basis to quash the entire criminal proceeding more so, when the trial has commenced in absence of the petitioner and thereby, the order passed by learned J.M.F.C.(O), Bhubaneswar taking cognizance of offences cannot be quashed and consequentially the criminal proceeding has to continue against the petitioner.

4. Hearing is concluded and judgment is reserved.

( G. Satapathy) Judge Kishore