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1992 Supreme(Ori) 5

K.C.JAGADEB ROY
SATYANARAYAN MOHAPATRA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.Swain, J.M.MOHANTY, N.K.Mohapatra

K. C. JAGADEB ROY, J.

( 1 ) THE petitioners are the accused persons who are proceeded under S. 452/34 of the Indian Penal Code in the G. R. Case No. 21/85 pending in the court of the Judicial Magistrate, 1st Class, Banpur. Charges were framed against petitioner No. 15 under Ss. 4 (viii), 7 (d) of the PCR Act by order of the trial court dated 25-1-1988. In the present revision application, the petitioners pray that this order of framing charges against the accused persons be set aside. At the time of argument, the learned counsel appearing for the petitioners confines his argument to petitioners Nos, 1, 2, 12 and 15 and does not press the application for the rest. This Criminal Revision has been filed under S. 401 of the Code of Criminal Procedure. The investigation was initiated at the instance of one Suryanarayan Sethi of village Pumuraput Sasan. He lodged the FIR on 29-9-1985. Pursuant to the investigation, chargesheet was filed on 5-5-1986 against the present petitioners. On 8-10-1985 an affidavit was filed by the informant to exclude the names of the petitioners 1, 2, 12 and 15 on the ground that he had not stated the names of these four petitioners in his FIR. According to the







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