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2004 Supreme(Ori) 145

L.MOHAPATRA
MADHURI SAHU – Appellant
Versus
SURESWARA SAHU – Respondent


Advocates Appeared:
Basudev Pujari, D.MOHAPATRA, R.C.PANDEY, R.MOHANTY, S.K.PADHI, S.R.MOHAPATRA

L. MOHAPATRA, J.

( 1 ) THIS revision is directed against the judgment and order dated 12-12-2001 passed by the learned Additional district Judge (Fast Track Court), Bargarh in Criminal Revision No. 105/4 of 1994- 2001 directing the proceeding under Section 145 of the Code of Criminal Procedure to be dropped.

( 2 ) THE first party in the proceeding under Section 145, Cr. P. C. is the petitioner before this Court. From the record it appears that the petitioner filed an application before the Executive Magistrate, Bargarh for initiation of a proceeding under'section 145, cr. P. C. and the said petition was registered as Misc. Case No. 116 of 1994. By order dated 27-8-94 the Executive Magistrate initiated a proceeding directing the opposite party to show-cause and attached the land under Section 146 (1) of Cr. P. C. After receipt of notice the opposite party entered appearance and one Sureswar Sahu also intervened the matter as third party in the proceeding and hearing was concluded on the question of continuance of attachment order. By order dated 15-9-94 the Executive Magistrate passed an order directing attachment order to continue till disposal of the case. Said order was challeng




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