Orissa High Court
Tanuj Birmiwal vs State Of Odisha .... Opposite Party on 17 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 965 of 2018
Tanuj Birmiwal .... Petitioner
Mr. B. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Ishwar Mohanty, Addl. Standing Counsel
CORAM:
THE CHIEF JUSTICE
ORDER
Order No. 17.02.2023
07. 1. The present petition seeks the quashing of G.R. Case No.492 of 2010 arising out of Bargarh Town P.S. Case No.181 of 2010 pending in the Court of S.D.J.M., Bargarh against the Petitioner. The charge sheet has been filed against the Petitioner and others for the offence under Sections 379/411/414/34 IPC.
2. The allegation against the Petitioner is that he sold the stolen vehicle. As it transpires the buyer of the stolen vehicle, who was also charge sheeted, filed CRLMC No.2972 of 2010 in this Court. That petition stands allowed by the judgment dated 18th April, 2013. It is pointed out that one of the co-accused has obtained similar relief in Criminal Revision No.29 of 2013 before the District and Sessions Judge, Bargarh who has passed a similar order dated 15th September, 2014.
3. With the case against the buyer of the car already standing quashed, it is obvious that the story of the prosecution has been disbelieved by this Court. Consequently, as far as the present Page 1 of 2 Petitioner is concerned, this Court quashes Bargarh Town P.S. Case No.181 of 2010 corresponding to G.R. Case No.492 of 2010 pending in the Court of S.D.J.M., Bargarh and all proceedings consequent thereto.
4. The petition is disposed of in the above terms. An urgent certified copy of this order be issued as per rules.
(Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.
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