Orissa High Court
Sisirkanti Ghosh And Others vs Goudhan Panaka .... Opposite Party(S) on 11 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1411 of 2025
Sisirkanti Ghosh and others .... Petitioner(s)
Mr. T. K. Mishra, Advocate
-versus-
Goudhan Panaka .... Opposite Party(s)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
11.04.2025
Order No. CRLMC No.1411 of 2025 & I.A. No.965 of 2025
01. 1. Heard.
2. The petitioners are seeking quashing of the I.C.C. Case
No.13 of 2023 pending in the Court of the learned J.M.F.C.,
Umerkote initiated by the opposite party.
3. Mr. Mishra, learned counsel for the petitioners has taken
me to precise allegation made in the complaint in paragraph-8(iv),
which reads as under:-
"(iv) That on 21.08.2023 at about 6.00 P.M., the
complainant along with witnesses went to the
Dabugam Police Station, at that time the accused
No.1 was standing in front of the Police Station,
thereafter the complainant politely requested the
accused No.1 to take action against the erring
person of Urmila Harijan."
4. Relying upon the said paragraph, Mr. Mishra, learned
counsel submits that the complaint itself discloses that the
informant was in the police custody and the petitioner No.1 being a
police officer has exceeded his authority by the impugned conduct.
They have assaulted him while in custody by acceding their
authority. By relying upon paragraphs-77 and 78 of the judgment of
the Hon'ble Supreme Court in the case of D. Devaraja vrs. Owais
Sabeer Hussain in Criminal Appeal No.458 of 2020, he submits
that sanction under Section 197 Cr.P.C. was essential to prosecute
the petitioners. Relevant would be to reproduce paragraphs-77 &
78 of the said judgment, which reads as under:-
"77. It is well settled that an application under
Section 482 of the Criminal Procedure Code is
maintainable to quash proceedings which are ex
facie bad for want of sanction, frivolous or in
abuse of process of court. If, on the face of the
complaint, the act alleged appears to have a
reasonable relationship with official duty, where
the criminal proceeding is apparently prompted
by mala fides and instituted with ulterior motive,
power under Section 482 of the Criminal
Procedure Code would have to be exercised to
quash the proceedings, to prevent abuse of
process of court.
78. There is also no reason to suppose that
sanction will be withheld in case of prosecution,
where there is substance in a complaint and in
any case if, in such a case, sanction is refused,
the aggrieved complainant can take recourse to
law. At the cost of repetition it is reiterated that
the records of the instant case clearly reveal that
the complainant alleged of police excesses while
the respondent was in custody, in the course of
investigation in connection with Crime
No.12/2012. Patently the complaint pertains to
an act under colour of duty."
5. Issue notice to the opposite party by Speed Post/Registered
Post with A.D., fixing short returnable date. Requisites shall be
filed within three working days.
6. List this matter after four weeks.
7. In the meantime, the further proceeding in I.C.C. Case
No.13 of 2023 pending in the Court of the learned J.M.F.C.,
Umerkote is stayed till the next date of hearing.
(S.S. Mishra)
Judge
Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 12-Apr-2025 15:38:27
