Tanuj Birmiwal vs State Of Odisha
2023 Latest Caselaw 1513 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No. 965 of 2018



            Tanuj Birmiwal                            ....             Petitioner
                                                      Mr. B. Sahoo, Advocate
                                         -versus-
            State of Odisha                           ....         Opposite Party
                                 Mr. Ishwar Mohanty, Addl. Standing Counsel

            CORAM:
            THE CHIEF JUSTICE
                                        ORDER

Order No. 17.02.2023

07. 1. The present petition seeks the quashing of G.R. Case No.492 of 2010 arising out of Bargarh Town P.S. Case No.181 of 2010 pending in the Court of S.D.J.M., Bargarh against the Petitioner. The charge sheet has been filed against the Petitioner and others for the offence under Sections 379/411/414/34 IPC.

2. The allegation against the Petitioner is that he sold the stolen vehicle. As it transpires the buyer of the stolen vehicle, who was also charge sheeted, filed CRLMC No.2972 of 2010 in this Court. That petition stands allowed by the judgment dated 18th April, 2013. It is pointed out that one of the co-accused has obtained similar relief in Criminal Revision No.29 of 2013 before the District and Sessions Judge, Bargarh who has passed a similar order dated 15th September, 2014.

3. With the case against the buyer of the car already standing quashed, it is obvious that the story of the prosecution has been disbelieved by this Court. Consequently, as far as the present

Petitioner is concerned, this Court quashes Bargarh Town P.S. Case No.181 of 2010 corresponding to G.R. Case No.492 of 2010 pending in the Court of S.D.J.M., Bargarh and all proceedings consequent thereto.

4. The petition is disposed of in the above terms. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

S.K. Jena/Secy.