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1994 Supreme(Ori) 88

B.N.DASH
R. P. SHARMA – Appellant
Versus
MAN MOHAN MATHUR – Respondent


Advocates Appeared:
A.K.PATNAIK, D.MAHANTA, D.P.Dhal, G.K.MOHANTY, PRABIR PATIL

B. N. DASH, J.


( 1 ) THE petitioner is the Superin tendent of Police, Kalahandi, Bhawanipatna and he has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'the Code') for quashing the order dated 30-10-1992 taking cognizance as also the entire criminal proceeding in I. C. C. No. 61 of 1992 on the file of the S. D. J. M. , Bhawanipatna in which the order taking cognizance was passed. #

( 2 ) THE opposite party no. 1 Sri Man Mohan Mathur is a member of the Rajya Sabha and he filed the aforesaid complaint case against the petitioner alleging that on 19-10-1992 at about 8. a. m. while he along with one Shri Bhupinder Singh and others were discussing about the star vation death in the district of Kalahandi with Shri J. B. Patnaik, the P. C. C. (I) President, some police officials came and took away Shri Singh after arresting him. Having failed in his attempt to contact the petitioner over phone to know the reason of the arrest of Shri Singh, the opposite party No. 1 went to Bhawanipatna police station, but no police official could tell the reason for the arrest. So while he was coming out of the police station the police officials did not pe






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