Golak Bihari Behera And Others vs State Of Odisha And Another
2023 Latest Caselaw 1769 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No.4250 of 2022


            Golak Bihari Behera and others            ....             Petitioners
                                               Mr. Bidyadhar Pradhan, Advocate

                                          -Versus-

            State of Odisha and another               ....        Opposite Parties
                                                      Mr. Tapas Kumar Praharaj,
                                                      Standing Counsel for State

                                                         Advocate for informant

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                          ORDER

24.02.2023 Order No.

02. 1. A memo is filed by Mr. Pradhan, learned counsel for the petitioners for correction of the Court's order dated 3rd February, 2023 wherein it has been mentioned that the case before the JJB is a counter case which is not correct.

2. Considering the above submission, the order dated 3rd February, 2023 shall be read as (with reference to the case before the JJB not as the counter case to the present case in connection with J.R. Case No.107 of 2014.

3. A joint affidavit is filed in Court today sworn by the petitioners and opposite party No.2, namely, informant and the same be kept in record.

4. Heard Mr. Pradhan, learned counsel for the petitioners, Mr.Praharaj, learned Standing Counsel for the State and learned counsel for opposite party No.2.

5. Prayer in the present case is for quashing of the criminal proceeding in G.R. Case No.626 of 2013 arising out of Jagannath Prasad P.S. Case No.144 of 2013 pending in the court of learned S.D.J.M., Bhanjanagar on the ground of compromise.

6. Gone through the FIR as at Annexure-1.

7. Mr. Pradhan, learned counsel for the petitioners submits that the matter has been compromised between the parties and three other JCLs who faced trial in J.R. Case No.107 of 2014 before the PMJJB, Berhampur, Ganjam have been acquitted of all the charges levelled against them as therein the informant, namely, opposite party No.2 did not depose anything adverse and even declined to have any knowledge with regard to the alleged occurrence. While contending so, Mr. Pradhan, learned counsel for the petitioners refers to a copy of the judgment of JJB, Berhampur, Ganjam under Annexure-1 and further submits that even the injured victims examined as P.Ws. 5, 6 & 7 have not stated anything against the accused persons.

8. Mr. Praharaj, learned counsel for the State submits that he needs to obtain instruction and also to ascertain if the victims (PWs 5, 6 & 7 in J.R. Case No.107 of 2014) suffered any injury of grievous nature as one of the offences alleged against the petitioners is under Section 307 IPC.

9. Mr. Pradhan, learned counsel for the petitioners submits that since there is a compromise, the injured victims be also directed to file an affidavit.

10. Considering the above submission, the matter is adjourned to 9th March, 2023.

(R.K. Pattanaik) Judge U.K.Sahoo