Visit Jail, Compile Report On Hygiene & Suggest Positive Measures: Orissa HC Asks Students Accused Of Attempting To Murder Friend

In an interesting order, the Orissa High Court has recently asked certain undergraduate students, accused of attempting to murder a classmate, to visit Chaudwar Circle Jail, Cuttack, inspect hygiene conditions maintained inside such premises and prepare a report suggesting positive measures.While handing out such a unique condition for quashing pending criminal proceedings, the Single Bench of Justice Sibo Sankar Mishra said –“By visiting the jail premises, they need to realize the living condition of the prisoners in the jail, that experience will impel them to come out from the cocoon of their comfort to perceive the hard reality of life, and value human dignity and nudge into a positive direction and reform themselves into a good citizen.”Case BackgroundThe informant lodged an FIR alleging that on 28.12.2024 at about 2.00 to 4.00 PM five of his son's friends (the petitioners herein) called and asked him to meet them somewhere. When his son reached at the designated place, they threatened him and stated that they had called him to eliminate him and abused him using slangs. The victim, out of fear of life, apologized to the petitioners and somehow escaped from the spot. However, he got frightened and became unconscious inside the car as he was driving out of fear. Therefore, the FIR was registered on the basis of the said allegation for alleged commission of offences punishable under Sections 109 (attempt to murder)/115(2) (voluntarily causing hurt)/133 (assault or criminal force with intent to dishonour person, otherwise than on grave provocation)/3(5) (common intention)/324(2) (mischief) & 351(2) (criminal intimidation) of the Bharatiya Nyaya Sahita.While the investigation was in progress, the parties settled their dispute and entered into a compromise. The informant stated that he lodged the FIR to teach the petitioners a lesson so that they would not indulge in such activities in the future. As the petitioners tendered apology to the informant, he supported them in their prayer for quashment of the entire proceeding.The State Counsel also submitted that the allegations are minor in nature. Since the parties have settled their dispute and by appearing before the Court conjointly prayed for quashment of the FIR, there is no legal impediment and hence, the Court may quash the entire criminal proceeding.Court' ObservationsThe Court noted that the petitioners are young students and pursuing their graduation course. The investigation is also at the nascent stage. Therefore, having regard for the law laid down in Gian Singh v. State of Punjab & Anr. and B.S. Joshi & Ors. v. State of Haryana & Anr., it was of the considered view that subjecting them to the rigors of the trial would be a futile exercise.Accordingly, Justice Mishra quashed the pending criminal proceedings against the petitioners on the following conditions –they shall tender unconditional and unqualified written apologies to the informant, who is the father of the victim and file those written apologies before the Court within ten days;they shall visit Chaudwar Jail, Cuttack within two weeks, compile a report regarding the hygiene maintained in the jail premises and suggest positive measures regarding the same. Further, they shall furnish their suggestions to the jail superintendent and obtain a certificate from him to be filed before the court within four weeks.Before parting with the order, the Judge remarked that such conditional order is issued in order to sound a 'note of caution' to the petitioners to deter from further indulging in any similar act as alleged in this case and also to mould themselves as 'good citizens'.Case Title: Chandrakanta Dash @ Das & Ors. v. State of Odisha & Anr.Case No: CRLMC No. 143 of 2025Date of Order: January 16, 2025Counsel for the Petitioners: Mr. A.N. Pattanayak, AdvocateCounsel for the Respondents: Mr. S.N. Biswal, Addl. Standing Counsel; Mr. Kabiraj Pradhan, AdvocateCitation: 2025 LiveLaw (Ori) 11Click Here To Read/Download Order

Visit Jail, Compile Report On Hygiene & Suggest Positive Measures: Orissa HC Asks Students Accused Of Attempting To Murder Friend

Jyoti Prakash Dutta

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