Ghanashyam Lenka vs State
2023 Latest Caselaw 2594 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLMC No. 1620 of 2009

               Ghanashyam Lenka                            ....           Petitioner
                                               Mr. S.P. Mishra, Senior Advocate
                                            -versus-

               State                                      ....    Opposite Party
                                                       Mr. Debakanta Mohanty
                                               Additional Government Advocate

                           CORAM:
                           THE CHIEF JUSTICE

                                            ORDER

Order No. 29.03.2023

28. 1. At the outset, Mr. S.P. Mishra, learned Senior Counsel appearing for the Petitioner points out that at the relevant time, the Petitioner was the Additional Tahasildar and that others placed in a similar position including one of the Tahasildars have succeeded in this Court in getting the charge sheet as far as they are concerned, quashed. He refers to the judgment in State of Orissa v. Rajkishore Choudhury (1998) 15 OCR-

103. The Petitioner can certainly place reliance on the said judgment at the stage of charge.

2. Permitting the Petitioner to raise all the pleas, including the above plea before the trial Court at the appropriate stage, the petition is disposed of. The interim order passed earlier stands vacated.

3. The Superintendent of the concerned branch is directed to communicate this order to the concerned Subordinate Court forthwith.

(Dr. S. Muralidhar) Chief Justice

S. Behera