B.K.BEHERA
RADHANATH – Appellant
Versus
BALAKRISHNA – Respondent
B. K. BEHERA, J.
( 1 ) THE petitioners invoke the inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure (for short, 'the Code') to quash the order passed by the learned Sub Divisional Judicial Magistrate, Khurda, taking cognisance of the offences punishable under Sections 500 and 301 of the Indian Penal Code on a petition of complaint made by the opposite party, a Junior Engineer, Roads and Buildings, Khurda Division, in the district of Puri. An interim order of stay of further proceeding was passed by this Court on October 19, 1984 and notice was issued to the opposite party on the questions of admission and stay.
( 2 ) HAVING heard Mr. P. Palit for the petitioners and Mr. B. M. Patnaik for the opposite party and having perused the record of the Court of the learned Sub Divisional Judicial Magistrate. I do not find any prima facie case for interference at this stage by this Court under its inherent jurisdiction and in my view, there is no case for admission. As the learned counsel for both the sides have referred to the facts of the case and some principles of law, I feel myself called upon to briefly give the reasons for my conclusion.
( 3 ) TH
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Superintendent and Remembrancer of Legal Affairs, W.B. v. Mohan Singh
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