Abhisek Panda And Others vs State Of Odisha And Another
2023 Latest Caselaw 5454 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No. 1824 of 2020

            Abhisek Panda and others                       ....        Petitioners
                                                       Dr. B.K. Mishra, Advocate
                                           -versus-

            State of Odisha and another            .... Opposite Parties
                               Mr. Prasanna Kumar Mohanty, ASC for State

                        CORAM:
                        THE CHIEF JUSTICE

                                           ORDER

Order No. 08.05.2023

06. 1. The service report states that valid service was effected upon Opposite Party No.2. He is, however, not represented today.

2. Learned counsel appearing for the Petitioners relies on the judgment of the Supreme Court dated 19th December, 2008 in Criminal Appeal No.2088 of 2008 (Prem Kumar v. State of Kerala) where the lack of jurisdiction of certain Courts for taking cognizance was the basis for quashing of criminal case.

3. Here, it is seen that Petitioner Nos.1 to 3 are residents of Sundargarh and Petitioner No.4 is residing in Andhra Pradesh, whereas the Informant, i.e., Opposite Party No.2 has filed the complaint at Bhubaneswar. It is urged that the entire cause of action arose in Calcutta and not anywhere in Orissa.

4. This is not even contested by Opposite Party No.2. Accordingly, the Court accepts the prayer of the Petitioners and quashes C.T. Case No.4517 of 2018 arising out of Mancheswar P.S. Case No.429 of 2018

pending in the file of learned S.D.J.M., Bhubaneswar and correspondingly, the order dated 9th December, 2020 by the learned Sessions Judge, Khurda in Criminal Revision No.87 of 2020 and the order dated 30th August, 2019 of the S.D.J.M., Bhubaneswar in C.T. Case No.4517 of 2018 are hereby set aside.

5. Accordingly, the CRLMC is disposed of in the above terms.

6. 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

SUMANT Digitally signed by SUMANTA BEHERA

A BEHERA Date: 2023.05.09 10:26:49 +05'30'