Ramakanta Bhutia vs State Of Odisha
2023 Latest Caselaw 10520 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMC No. 3669 of 2023

               Ramakanta Bhutia                        ....                   Petitioner
                                                               Mr. M.R.Patra, Advocate
                                                  -Versus -
               State of Odisha                            ....           Opposite Party
                                                                Addl. Standing Counsel

                            CORAM:
                              JUSTICE SASHIKANTA MISHRA
                                              ORDER_
                                             31.08.2023

Order No.   1. This matter is taken up through hybrid mode.
   1.

2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

3. The petitioner has been arrayed as an accused in G.R. Case No. 3 of 2023 arising out of Motonga P.S. Case No. 02 of 2023 pending in the Court of learned JMFC (Cog. Taking), Dhenkanal for the alleged commission of offences under Sections 498A/302/304(B)/ 34 IPC and Section 4 of the D.P. Act. The petitioner is the brother- in-law of the deceased. By means of the impugned order, the Court below took cognizance of the offences and issued process against all the accused persons including the present petitioner.

4. It is submitted that the materials on record do not reveal even a prima facie case against the petitioner, inasmuch as except for some allegations in general terms that the family members of the husband of the deceased were involved, nothing specific has been alleged against them. It is submitted that under such circumstances, though there may not be any infirmity in taking cognizance of the offence, yet the Court below ought to have applied his judicial mind before issuing process against the present petitioner. On the motion of two

other accused persons standing on the same footing, namely S. Bhutia and C.Bhutia, who are also brothers-in-law of the deceased, this Court, as per order passed on 09.08.2023 in CRLMC No. 2630 of 2023 inter alia directed as follows:

"Therefore, ends of justice would be best served if the petitioners surrender before the Court below in obedience to the non-bailable warrant of arrest and move for bail. In so far as the order issuing process is concerned, this Court deems it proper to interfere therewith by quashing the same in so far as the same relates only to the present petitioners with further direction to the learned magistrate to consider the point afresh strictly on the basis of the materials produced by the prosecution."

5. Learned State counsel fairly submits that the aforementioned directions clearly covers the case of the present petitioner also.

6. In such view of the matter, the CRLMC is disposed of in terms of the judgment passed in CRLMC No. 2630 of 2023.

(Sashikanta Mishra) Judge

Deepak

Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC, Cuttack Date: 01-Sep-2023 20:44:10