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1985 Supreme(Ori) 100

G.B.PATTANAIK
HATIRAM NAIK – Appellant
Versus
SURENDRA KUMAR MALLIK – Respondent


Advocates Appeared:
J.M.MOHANTY, P.K.MISHRA

G. B. PATTANAIK, J.


( 1 ) THIS petition has been filed invoking the inherent jurisdiction of this Court under Sec. 482, Cr. P. C. to quash the proceeding initiated against the petitioner in ICC Case No. 4 of 1983 in the Court of the Chief Judicial Magistrate, Kalahandi at Bhawani-patna. On a complaint petition filed by the opposite party against the petitioner, the learned Chief Judicial Magistrate by the impugned order dated 31-3-1983 took cognizance of the offence under Sec. 420, Penal Code, and directed for issuance of summons against the petitioner. The petitioner in this revision challenges the said order of taking cognizance and has prayed for quashing the entire proceeding.

( 2 ) THE case of the opposite party as unfolded in the complaint petition is that on 1-12-1982 when the accused was moving in the bus stand, he met the complainant and they talked with each other since both of them were known to each other for a long time. In course of the said talk, the complainant enquired from the accused as to whether good rice is available in the weekly market at Dharamgarh, to which the accused replied in the affirmative. The complainant then wanted to purchase rice worth Rs. 400/





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