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P.K.TRIPATHY
Sri Damodar Mishra – Appellant
Versus
State of Orissa and 2 others – Respondent


ORDER

P.K. Tripathy, J. - Heard.

2. This revision application is disposed of at the stage of hearing on admission with active participation of both the parties.

3. Order dated 27-3-2000 in I.C.C. No. 163 of 1999 passed by learned S.D.J.M. Khurda is under challenge in this revision filed at the instance of the complainant who is the petitioner. Learned S.D.J.M. on 27-3-2000 allowed the prayer of the opposite parties 2 and 3 who are accused persons in that case to be represented under Sec. 205 of the Code of Criminal Procedure, 1973 (in short the 'Code')

4. Learned counsel for the petitioner states that keeping in view the involvement of the opposite parties 2 and 3 in a case under Secs. 452. 380 and 506. I.P.C. particularly in view of the punishment provided for those offences, it can safely be stated that they are not entitled for exemption for personal appearance in view of the ratio in the case of Jagadguru Sachidananda Shankara bharati Swami of Sri Kudli Sringen Mutta v. State of Mysore1. Kama Prasad Rout and others v. Chandrakanti Bal and others2 and Joy Singh Rajpur and another v. Bachheraj Duggal3 and therefore, the impugned order of learned S.D.J.M. is illegal and not sustai

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