High CourtsSingle Bench(2008) 04 OHC CK 0004

Balabhadra Rout and Others vs State of Orissa and Others

Orissa High Court · Decided on 8 April 2008 · Citation: (2008) 40 OCR 363

HON’BLE JUDGES
Pradip Mohanty, J
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 251 of 2008

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Judgment

6 paragraphs · 283 words

Pradip Mohanty, J.—Legality and property of the order dated 10.10.2006 passed by the J.M.F.C., Pattamundai in G.R. Case No. 406 of 2006 taking cognizance against the Petitioners under Sections 452/341/323/324/307/506 read with Section 34 of the Indian Penal Code is assailed in this revision.

2.

Opposite Party No. 2 is a doctor. The alleged incident occurred while he was functioning as Medicine Specialist in Pattamundai Government Hospital. On his written information, the G.R. Case has been registered. It is stated at the Bar that the dispute and the differences between the parties have been ironed out at the intervention of the well-wishers and the gentlemen of the locality. In this context, they have also filed the above noted misc. case supported by joint affidavits of the Petitioners and opposite party No. 2 with a prayer to quash the proceedings in G.R. Case No. 406 of 2006. In support of the contention, reliance has been made on the decision reported in Khirod Kumar Das and Ors. v. State of Orissa (2008) 39 OCR 567.

3.

On careful consideration of the facts narrated in the misc. case as well as the submissions made by the counsel for the respective parties, this Court feels that no useful purpose would be served if the criminal proceeding is allowed to continue as there is bleak chance of conviction and the interest of justice would be better served if the same is quashed.

4.

Hence, this Court quashes the proceedings in G.R. Case No. 406 of 2006 pending before the J.M.F.C., Pattamundai.

5.

In the result, the misc. case is allowed and the CRLREV is disposed of.

6.

Urgent certified copy of the order be granted as per rules.