N. Enketi Rao Dora @ M vs State Of Odisha
2025 Latest Caselaw 546 Ori

Orissa High Court

N. Enketi Rao Dora @ M vs State Of Odisha on 13 May, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLMC No. 1690 of 2025
1. N. Enketi Rao Dora @ M.
Aniketi Rao Dora
2. Debashis Bhoi                       .....                           Petitioners
                                               Mr. Ratikanta Mohapatra, Advocate
                                               Mr. Bidyadhar Mansingh, Advocate
                                    -versus-
1. State of Odisha
2. Smt. Namita Jena
3. Tulu Jena
4. S. Pandaba Dora                     .....                     Opposite Parties
                                                            Mr. R.B. Dash, ASC
                                                                (For O.P. No.1)
            CORAM:
                  HON'BLE MISS JUSTICE SAVITRI RATHO

                                          ORDER

13.05.2025 Order No. (Through hybrid Mode)

02.

1. This CRLMC has been filed with the prayer to quash the F.I.R. in Aska P.S. Case No. 269 of 2009 corresponding to G.R. Case No. 474 of 2009 pending in the court of the learned JMFC, Aska.

2. Perusal of the F.I.R. which is at Annexure-1 reveals that the case had been registered on 04.11.2009 for commission of offences punishable under Sections 307 and 34 of the IPC read with Sections 25 and 27 of the Arms Act against two unknown persons on the information of opposite party no.2-Smt. Namita Jena, Sarpanch of Bhetanai, District-Ganjam.

3. Mr. Ratikanta Mohapatra, learned counsel appearing on behalf of the petitioners submits that though it is stated in paragraph 1 of the application that the case is now pending in the court of the

learned Assistant Sessions Judge, Aska, Dist.-Ganjam, the case is actually still pending before the learned JMFC, Aska so far as the petitioners are concerned as they have not been arrested till date. He submits that charge sheet has been submitted against six persons and cognizance had been taken on 01.11.2012 and the matter has been committed to the court of the learned Assistant Sessions Judge, Aska and trial commenced against two co-accused persons and they have been acquitted vide judgment dated 09.01.2023 in S.T. No. 15/22 and S.T. Case No. 21/22 as the witnesses did not support the prosecution case for which the co-accused persons were acquitted and he shall file the copy of the judgment along with a memo. The case arose out of political party faction and in the meanwhile, the matter has been settled between the informant and the present petitioners, and as the informant does not want to proceed against the petitioners, no useful purpose will be served by keeping the criminal proceeding against the petitioners pending. He submits that affidavits have been filed on behalf of the informant-opposite party no.2-Namita Jena as well as opposite parties no.3 and 4 Tulu Jena and S. Pandaba Dora respectively who had allegedly been injured in the incident stating that the matter has been settled between them.

4. He submits that the copies of the affidavits have already been served on the learned State Counsel on 10.05.2025 when the matter was listed before the National Lok Adalat. On the said date the petitioners as well as the opposite parties no.2 to 4 had appeared before the Court. In the order dated 10.05.2025 it is mentioned that the parties are present in person and file an affidavit regarding the settlement where the petitioners were seeking quashing of the F.I.R. in the present case.

5. List this matter on 01.07.2025 to enable Mr. R.B. Dash, learned Additional Standing Counsel to obtain instructions regarding the affidavits filed on behalf of the opposite parties no.2 to 4.

6. Registry shall call for a report from the learned JMFC, Aska regarding present status of the case vis-à-vis the present petitioners.

7. Documents, if any filed by the learned counsel for the petitioners in this case shall be brought on record before the next date.

(Savitri Ratho) Judge puspa

Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 13-May-2025 20:09:08