Srikanta Malik @ Babul Mallik vs State Of Odisha
2022 Latest Caselaw 5859 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 2107 of 2021

            Srikanta Malik @ Babul Mallik             ....              Petitioner
                                                           Mr.J.Sahoo,Advocate

                                          -Versus-

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

                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                         ORDER

21.10.2022 Order No.

05. 1. Heard Mr. Sahoo learned counsel for the petitioner and Mr. Praharaj, learned counsel for the State-opposite party No.1.

2. Mr. Sahoo, learned counsel for the petitioner submits that the petitioner is not at all involved though his name finds in the F.I.R. and that apart, two other accused persons have been acquitted with the charge of murder in S.T. Case No.357 of 2019 vide judgment dated 27th April, 2021 by the Sessions court. It is further submitted that the investigation is still underway.

3. Mr. Praharaj, learned counsel for the State submits that the involvement of the petitioner is revealed from the judgment in S.T. Case No.357 of 2019. That apart, according to Mr. Praharaj, further investigation is in progress and on the basis of an acquittal judgment in respect of other two accused persons, the criminal proceeding vis-à-vis the petitioner cannot be quashed. Before passing an order, the Court is inclined to peruse the case diary of the further investigation and in that respect, directs Mr. Praharaj to

cause its production. Mr. Praharaj, learned counsel for the State is also directed to obtain instruction as to the present status of the investigation and to inform the Court on the date fixed.

4. List on 30th November, 2022.

(R.K. Pattanaik) Judge

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