Sudarshan Mandal vs State Of Odisha And Another .... Opp. ...
2025 Latest Caselaw 5456 Ori

Citation : 2025 Latest Caselaw 5456 Ori
Judgement Date : 27 March, 2025

Orissa High Court

Sudarshan Mandal vs State Of Odisha And Another .... Opp. ... on 27 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRLMC No.1067 of 2025
                 Sudarshan Mandal                  ....                Petitioner(s)
                                                    Mr. T. K. Mishra, Advocate
                                            -versus-

             State of Odisha and another           ....               Opp. Party(s)
                                                         Mr. S. N. Biswal, ASC


                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                   ORDER

27.03.2025 CRLMC No.1067 of 2024 & I.A. No.517 of 2025 Order No.

01. 1. Heard.

2. The petitioner is seeking quashing of the charge-sheet

emanating from the F.I.R. dated 29.12.2017 in Umerkote P.S. Case

No.410 of 2017 corresponding to G.R. Case No.980 of 2017

registered for the alleged commission of offences punishable under

Sections 341/294/323/306 of I.P.C.

3. The allegation against the petitioner in the F.I.R. is that the

informant lodged a written report on 29.12.2017 alleging therein

that on 15.10.2019, his son (deceased) left the house for Raighar.

On the way, the petitioner came and demanded money and abused

him and also humiliated his son on the road. Out of such

humiliation, his son committed suicide.

4. Mr. Mishra, learned counsel for the petitioner submits that

even if the prosecution case is accepted as it is for the sake of

argument, no case under Section 306 of I.P.C. is made out in view

of the settled position of law. He has relied upon paragraph-15 of

the judgment of this Court passed on 29.10.2024 in CRLMC

No.1890 of 2023 in the case of Rabindra Singh Chauhan and

another vrs. State of Orissa and another, which reads as under:-

"15. Undoubtedly it's an unfortunate incident for the family of complainant who has lost his younger brother but at the same time it is iniquitous to use such unfortunate incident as tool to achieve an ulterior motive. It is admitted fact that, the complainant (Udaya Dora) was the sole proprietor of M/s. Dora Construction and if any loss has occurred owing to the non-payment of dues by the AFCONS Infrastructure Limited then the complainant would have been stress out instead his brother who was merely in-charge of the affairs of M/s. Dora Construction and was working as foremen."

4. Issue notice to the opposite parties. Mr. Biswal, learned

Additional Standing Counsel appears on behalf of the State-

opposite party No.1 and waives the notice.

5. Notice be issued to the opposite party No.2 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 G.R. Case

No.980 of 2017 arising out of Umerkore P.S. Case No.410 of 2017

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