PRAHALLAD PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant petition under Sec. 482 Cr.P.C is filed by the petitioners for quashment of the criminal proceeding in connection with G.R. Case No. 215 of 2022 pending in the file of learned J.M.F.C. (P) Kujang corresponding to Paradeep P.S. Case No. 69 of 2022 on the grounds inter alia that the F.I.R. and the evidence collected during investigation do not prima facie disclose commission of any of the offences punishable under Ss. 420, 468, 471, 167 and 120-B read with Sec. 34 of I.P.C.

(2.) A written complaint was filed by the informant alleging therein that the misconduct of the petitioners as well as the mischief committed by them while his daughter was under their medical treatment. The circumstances leading to the lodging of the report with the local police stand described with the allegations that the petitioners are responsible for the death of the deceased daughter, who was working as a contractual staff nurse in the Paradeep Port Trust Hospital, Paradeep. Later to the F.I.R (Annexure-5) lodged by the father of the deceased, Paradeep P.S. Case No. 69 of 2022 was registered under Ss. 323, 294 and 302 I.P.C. However, at the end of investigation, chargesheet under the alleged offences was filed, consequently upon which, the order of cognizance dtd. 11/7/2022 was passed by the learned Court below. With the contention that neither the F.I.R. nor the chargesheet reveal or disclose commission of any cognizable offence, the petitioners have knocked the doors of this Court invoking its inherent jurisdiction under Sec. 482 Cr.P.C.

(3.) Heard Mr. Mukherji, learned Senior Advocate assisted by Mr.P Mukherji, Advocate appearing for the petitioners and Mr. Mohapatra, learned counsel for the State.