Ashok Kumar Sahu vs State Of Odisha (Vigilance) ..... Opp. ...
2025 Latest Caselaw 7420 Ori

Orissa High Court

Ashok Kumar Sahu vs State Of Odisha (Vigilance) ..... Opp. ... on 23 April, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLMC No. 3628 of 2023

Ashok Kumar Sahu                       .....                              Petitioners
                                                       Mr. D. P. Pattnaik, Advocate
                                     -versus-
State of Odisha (Vigilance)             .....                        Opp. Parties
                                                 Ms. N. Moharana, Addl. Standing
                                                                  Counsel (vig.)


             CORAM:
                   HON'BLE MISS JUSTICE SAVITRI RATHO

                                           ORDER

23.04.2025 Order No. (Through hybrid mode)

14.

1. This CRLMC has been filed challenging in the order dated

20.07.2023 passed by the learned Chief Judicial Magistrate, Cuttack

in Vig. GR Case No. 54(A)/1997 rejecting the submission of the

petitioner that as he had faced trial for the offences under Section 7

& 9 of the Essential Commodities Act and had been acquitted on the

same set of facts he could not face trial for the offences under

Section 468,471,477-A of the IPC and refusing to drop the

proceeding as per the provision of under Section 300 of the Cr.P.C.

2. Heard Mr. D. P. Pattnaik, learned counsel for the petitioner

and Mr. N. Moharana, learned Addl. Standing Counsel (vigilance).

3. Mr. D.P. Pattnaik, learned counsel submits that even though

the offences may be different but since the factual matrix in both the

cases is same and the petitioner is the sole accused, Section 300 of

the Cr.P.C. will be attracted for which the petitioner cannot be met

to a fresh trial in the subsequent case.

4. The written note of submission filed on behalf of the

petitioner along with 3 citations namely; Santosh Kumar Sahoo vs.

State of Orissa in CRLREV No. 164 of 2016 decided on

30.11.2016, decision of this Court of Mitra Sankar Nanda vs. State

of Orissa in Criminal Revision No. 252 of 2002 decided on

05.05.2010 and the decision of the Supreme Court in the case of

Kolla Veera Raghav Rao vs. Gorantla Venkateswara Rao reported

in AIR 2011 SC 641 : (2011) 2 SCC 703 are taken on record.

5. Mr. Moharana, learned Addl. Standing Counsel (Vig.) submits

that when the petitioner did not challenge the cognizance order in

the present case nor did he challenge the charge nor file any

application for discharge and had pleaded guilty and claimed for

trial, after 25 years he cannot challenge the proceedings of the

ground that the same is barred under Section 300 of the Cr.P.C. He

further submits that Section 300 of the Cr.P.C. refers to the same

offence and not the same set of facts. He also submits that the

ingredients of the offence under Section 7 & 9 of the E.C. Act as

well as the facts are different as compared to the facts and

ingredients of the offences under Section 468,471,477-A of the IPC

are different for which trial cannot be quashed and that too after so

many years.

6. Hearing is concluded.

7. Judgment is reserved.

(Savitri Ratho) Judge Subhalaxmi

Signed by: SUBHALAXMI PRIYADARSHANI

Location: Orissa High Court, Cuttack Date: 25-Apr-2025 18:40:38