Shibanath Harijan vs Unknown
2023 Latest Caselaw 10064 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMC No.4103 of 2022


                 Shibanath Harijan                  ....       Petitioner
                                                   Mr. A. Das, Advocate

                                        -versus-
                 State of Odisha            ....       Opp.Party
                                         Mr. S.S. Pradhan, AGA
                                   Mr. S. Dwiebdi, Advocate for
                                                      Informant
                                   CORAM:
                            JUSTICE G. SATAPATHY
                                   ORDER(ORAL)

Order No.                           25.08.2023
   06.      1.     This   matter   is     taken     up   through   Hybrid

Arrangement (Virtual /Physical Mode).

2. Mr. A. Das, learned counsel for the Petitioner by relying upon the judgments in Krushna Ch. Debata Vrs. State of Odisha; (2022) (I) OLR-97 and T.T. Antony Vrs. State of Kerala and others; (2001) 6 SC 181 prays to set aside the impugned order of framing charge against the accused on the ground that the said charge has been framed on the third FIR of the Informant for self same offences.

3. On the other hand, Mr.S. Dwibedi, learned counsel for the Informant submits that although charge has been framed against the Petitioner in the third FIR, but there appears material against the Petitioner and, thereby, the learned trial Court has not committed any illegality in // 2 //

framing charge against the petitioner.

4. Mr. S.S. Pradhan, learned AGA, submits that the Petitioner has not challenged the criminal proceeding at the time of consideration of charge by filing a discharge petition by raising all these points.

5. It appears from the impugned order that charge has been framed against the petitioner, but the plea of the petitioner that subsequent FIRs after lodging first FIR are not maintainable for selfsame offence has not been addressed to in the impugned order.

6. In view of the aforesaid rival submission and taking into consideration the plea advanced by the Petitioner, this Court without adverting into the matters on merit disposes of the CRLMC by setting aside the impugned order framing charge on 12.09.2022 passed by the learned Assistant Sessions Judge, Umerkote in C.T. Case No. 11 of 2022 and he is, thereby, requested to pass fresh order on the point of consideration of charge by taking into consideration the submissions and the decisions noted above on the facts of the case in accordance with law.

7. Accordingly, the CRLMC stands disposed of.

                                                                          ( G. Satapathy)
Signature Not Verified                                                         Judge
Digitally Signed
Signed by: PRIYAJIT   SAHOO
                 Priyajit
Designation: Jr. Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 25-Aug-2023 16:15:09