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1991 Supreme(Ori) 16

S.C.MOHAPATRA
BALABHADRA DASH – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B.B.MOHANTY, B.K.PATNAIK, M.R.MOHANTY, P.K.DHAL, R.CH.ROUT, R.MOHANTY, R.N.MOHANTY, S.C.Dash, S.SWAIN

S. C. MOHAPATRA, J.

( 1 ) ALL the four accused persons have invoked inherent jurisdiction of this Court to bring an end to the prosecution against them. Since all the applications relate to the same proceeding, they are heard together and are disposed of in this common order.

( 2 ) ON 26-1-1983, earth from a trench dug for construction of a Dam collapsed causing simple /grievous/fatal injuries to the various labourers working in the trench and nine valuable lives were lost. About three hours after. at about 3. 30 p. m. Officer-in-Charge of the Police Station received information of the accident and proceeded to the spot. He drew first Information Report on his own information and after completion of investigation, he submitted charge-sheet against the four accused persons under Sections 337/338/ 304a I. P. C. On receipt of the order of sanction under section 197 (4) Cr. P. C. against public Officers. Learned Sub-divisional Judicial Magistrate took cognizance of the offences and directed issue of processes against all accused persons for appearance to face trial. Criminal Misc. Cases 529 of 1988,144 of 1989 and 752 of 1990 have been filed by the accused persons for quashing cogniza













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