SURENDRANATH MISHRA Vs. STATE OF ORISSA & ANR

JUDGEMENT

(1.) The petitioner has filed the petition under Section 482, Cr.P.C for quashing the criminal proceeding in G.R. Case No. 258 of 2015, arising out of Chatrapur P.S. Case No. 119 of 2015, which was later converted to CID.CB, Cuttack PS. Case No. 28 of 2015 for the offences under Section 420/423/467/468/471/406/506/120-B/34 of the IPC pending in the Court of the learned S D M., Chatrapur, Ganjam.

(2.) The prosecution case as per the F.I.R. lodged by the informant are as follows:

(3.) It is submitted by the learned Senior Counsel for the petitioner that the allegations made in the F.I.R. and the materials collected so far during investigation do not make out a prima facie case under Section 420 of the IPC. Relying on the decision of the Hon'ble Apex Court reported in AIR 2008 SC 251 : Inder Mohan Goswami & Anr. v. State of Uttaranchal & Ors., the learned Senior Counsel submits that the allegations in the F.I.R. do not make out any fraudulent or dishonest inducement by the petitioner to the informant to donate the property as part of deception, nor there is an intention to deceive the informant.