Tofan Mallick vs State Of Orissa & Another
2023 Latest Caselaw 1512 Ori

Citation : 2023 Latest Caselaw 1512 Ori
Judgement Date : 17 February, 2023

Orissa High Court

Tofan Mallick vs State Of Orissa & Another on 17 February, 2023

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLMC No.1012 of 2016


        Tofan Mallick                         ...                Petitioner
                                          Mr. H.N.Mohapatra, Advocate
                                     -versus-

        State of Orissa & another             ...       Opposite Parties
                                                   Mr. S.S.Pradhan, AGA

                                       CORAM:
                                JUSTICE G. SATAPATHY

                                       ORDER

17.02.2023 Order No.

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

2. In the course of hearing of CRLMC, Mr.H.N.Mohapatra, learned counsel for the petitioner submits that co-accused in-laws including the husband and some other persons numbering eight have already been acquitted by the learned trial Court in two trials arising out of the same P.S. case and the liability of the present petitioner is limited to the extent of Sec. 201 of IPC and in the meantime, 20 years have already elapsed from the date of occurrence and thereby, the present proceeding is nothing but an abuse of process of Court.

3. Mr.S.S.Pradhan, learned AGA, however, opposes the prayer for quashing of the criminal proceeding against the petitioner.

4. A perusal of record would go to reveal from the certified copy of judgments passed in ST Case No. 445 of 2006, S.T. Case No. 234 of 2008 and S.T. Case No. 16 of 2010 which arises out of the present case, eight co-accused persons including the husband and in-laws of the deceased have already been acquitted. In order to appreciate the submission advanced on behalf of the petitioner, the LCR is very much essential.

5. In view of the aforesaid facts and submissions, the learned District & Sessions Judge, Puri is requested to send the digitized/scanned/photocopy of the LCR by the next date.

6. List this matter on 13th March, 2023.

(G. Satapathy) Judge

kishore