RAMANI RANJAN SINGHDEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by petitioner Ramani Ranjan Singhdeo for quashing the first information report in Dhenkanal Town P.S. Case No. 35 of 2005 registered under section 420 of the Indian Penal Code which corresponds to G.R. Case 136 of 2005 pending in the Court of learned S.D.J.M., Dhenkanal.

(2.) This Court vide order dated 09.06.2005 granted interim stay of further proceeding of the said case and the interim order was extended from time to time. The learned counsel for the petitioner contended that in spite of such interim order, charge sheet was placed by the Investigating Officer on 25.07.2005 on the basis of which the learned S.D.J.M., Dhenkanal vide order dated 27.08.2005 has taken cognizance of offence under section 420 of the Indian Penal Code and issued process against the petitioner. As per the order dated 16.10.2017, the prayer for amendment of the CRLMC application to quash the order of taking cognizance was allowed in Misc. Case No. 931 of 2017 and the petitioner was directed to file a consolidated petition. Today the learned counsel for the petitioner filed the consolidated petition which is taken on record.

(3.) The learned counsel for the petitioner drew the attention of this Court to affidavit dated 26.07.2005 stated to have been filed by the informant Sunil Kumar Behera which has been annexed as Annexure-5 to the consolidated petition wherein the deponent has mentioned that due to misunderstanding, the case was filed and the matter has been amicably settled between the parties with the intervention of well wishers and he does not want to proceed with the case. He has specifically mentioned that the affidavit is required to be filed before this Court in connection with this case.