Sanjay Kumar Sahoo @ Sahu vs State Of Odisha& Anr
2023 Latest Caselaw 5165 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLMC No.3378 of 2022
            Sanjay Kumar Sahoo @ Sahu    ...                                    Petitioner

                                                             Mr. B.S.Dasparida, Advocate

                                                 -Versus -
            State of Odisha& Anr                   ....                  Opposite Party
                                                   Additional Standing Counsel
                        CORAM:
                          JUSTICE SASHIKANTA MISHRA
                                  ORDER

04.05.2023 Order No.

05.

1. This matter is taken up through hybrid mode.

2. The petitioner has filed this application on Cr.P.C. with the following prayer:

"It is, therefore, prayed that your Lordships may be graciously pleased to consider the facts stated in this petition, admit the same, call for the records from the Court below and after hearing the counsel both the sides allow the same and quashed the order dated 20.09.2022 framing charge against the petitioner passed by the learned Court of Judicial Magistrate First Class Narsinghpur, may be quashed for greater interest of justice."

3. In course of hearing it is brought to the notice of this Court that a Co-ordinate Bench of this Court has rendered a judgment on the same point of law in the case of Dr. Sudhir Kumar Brahma Vs. State of Odisha, reported in 2023 89 OCR 247.

4. According to learned Senior counsel, Mr. D. P.Dhal, this case is squarely covered by the ratio decided in the aforementioned case.

5. Mr. Mishra, Additional Standing Counsel fairly submits

1|Page that the present case is in fact, squarely covered by the ratio in Dr. Sudhir Kumar Brahma (Supra).

5. In such view of the matter, the CRLMC is allowed in terms of the judgment passed by the Coordinate Bench in Dr. Sudhir Kumar Brahma (Supra).

6. The impugned order dated 20.09.2022 is hereby quashed.

(Sashikanta Mishra) Judge Deepak

DEEPAK Digitally signed by DEEPAK PARIDA

PARIDA Date: 2023.05.04 18:18:01 +05'30'

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