Laxmipriya @ Laxmishree vs State Of Odisha .... Opp. Party
2025 Latest Caselaw 4159 Ori

Orissa High Court

Laxmipriya @ Laxmishree vs State Of Odisha .... Opp. Party on 18 February, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMC No.92 of 2025

             Laxmipriya @ Laxmishree         ....   Petitioner
             Tripathy                             Mr. Arun Kumar
                                                  Das, Advocate



                                  -versus-
             State of Odisha                 .... Opp. Party
                                                Mr.S.J.Mohanty,
                                                ASC


         CORAM:
              JUSTICE SIBO SANKAR MISHRA

Order                             ORDER
 No.                            18.02.2025
 01.
        1.

The petitioner has challenged the order dated 22.08.2023 passed by the learned S.D.J.M., Dhenkanal in G.R. Case No.287 of 2023 whereby the cognizance of the offences punishable under Sections 307/323/294/506/353/332/333/225/324/34 of the IPC has been taken against the petitioner and other two accused persons.

2. Learned counsel for the petitioner, by taking me to the contents of the F.I.R. submits that, absolutely there is no allegation against the petitioner in the F.I.R. Subsequently in the charge sheet, the petitioner has been arrayed as the third accused. He has relied upon the judgment of the Hon'ble Supreme Court in

the case of B.N. John vs. State of U.P. & another, reported in Special Leave Petition (Crl.) No.2184 of 2024 and submits that the Hon'ble Supreme Court has held that in the event any specific overt act is not attributed in the F.I.R./ complaint against the accused, at the subsequent stage if the complainant improvised the case, accused can't subjected to charge. The present case resembles the fact of the cited case. Initially in the FIR there was no overt act attributed to the petitioner, however, in the charge sheet, the petitioner has been implicated as an accused on the basis of improvised statements of the informant recorded by police U/s 161 Cr.P.C.

3. I am not inclined to entertain this petition at this stage, since only the cognizance of the offences has been taken. However, the petitioner is granted liberty to urge all the points before the trial Court by moving specific application at the appropriate stage before the court below.

4. With the aforementioned observation, the CRLMC is disposed of.

(S.S. Mishra) Judge Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 18-Feb-2025 20:02:03