Subhajit Mishra @ Subhanjit ... vs State Of Odisha
2022 Latest Caselaw 5507 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No.1661 of 2022

            Subhajit Mishra @ Subhanjit Mishra        ....              Petitioner
                                                      Mr. U.K. Lenka, Advocate


                                          -Versus-


            State of Odisha                           ....         Opposite Party
                                                       Mr. S.S. Mohapatra, ASC


                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                          ORDER

13.10.2022 Order No.

03. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the other accused who in fact received the amount of Rs.53,000/- from the complainant has been acquitted from the charges in C.T. Case No.256 of 2019 by the learned J.M.F.C., Koksara. It is further submitted that the petitioner is similarly situated and considering the acquittal judgment dated 27th April, 2022 in C.T. Case No.256 of 2019, no purpose would be served to continue with the criminal proceeding against him more particularly when the amount alleged to have been paid by the complainant was returned by the other accused, who stands acquitted of all the charges. Mr. Mohapatra on the other hand submits that as per the record and information

received, it does not reveal about any compromise with the petitioner.

3. In view of the above and to ascertain the veracity of the claim and objection of Mr. Mohapatra, learned counsel for the State, the Court is inclined to ensure appearance of the informant and accordingly, it is ordered.

4. Issue notice to the informant.

5. For the said purpose, learned counsel appearing for the petitioner shall file requisites along with address statement of the informant within next three working days positively.

6. List on 2nd November, 2022 for appearance of informant and for further hearing.

7. Interim order passed earlier shall continue till the next date.

(R.K. Pattanaik) Judge

TUDU