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Judgment
S. K. Panigrahi, J
This matter is taken up by virtual/physical mode.
Mr. Saroj Kumar Padhy, learned Counsel for the petitioner, Mr. A.K. Parija, learned Advocate General and Mr. J. Katikia, learned Additional Government Advocate appearing for the State and Mr. Sidharth Dave, learned Senior Advocate appearing for Opposite Party No.2 are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsels for the parties and the order is passed accordingly as follows:-
This Court does not believe that it is correct to adopt a hyper technical approach at this stage and such an endeavour may only be justified during trial. At any rate, it is too premature a stage for this Court to step in to stall the investigation process especially on the flawed ground that the FIR does not palpably make out a prima facie case against the petitioner. Without a thorough investigation, it is not appropriate to hold whether the allegations made by the complainant are made out or not.
Resultantly, this case does not call for quashing of the F.I.R. under Section 482 Cr.PC at this stage and as a sequitur the present Application stands dismissed along with any pending applications. It is clarified that the trial court shall proceed with a fair trial uninfluenced by any of the observations made hereinabove.
Urgent certified copy of this order be granted on proper application..
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