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1986 Supreme(Ori) 124

G.B.PATTANAIK, LINGARAJA RATH
PADMA CHARAN – Appellant
Versus
S. RAM MOHAN RAO – Respondent


Advocates Appeared:
A.K.Nanda, D.P.SAHU, N.C.PANIGRAHI, R.K.MOHAPATRA

G. B. PATNAIK,J.

( 1 ) THE complainant is the petitioner who challenges the order of the learned Sessions Judge, Ganjam dated 12-3-1980 by which order the accused-opposite parties were released on bail obviously in exercise of powers conferred under S. 438, Cr. P. C. since the accused persons apprehended arrest in course of the committal proceedings for being committed to the Court of Session. When the case was heard on 30-11-81, a learned single Judge of this Court was of the view that the case be heard by a Division Bench. Accordingly this revision has been placed before the Division Bench for disposal.

( 2 ) THE short facts leading to the grant of bail by the impugned order are that on the basis of an F. I. R. lodged by the petitioner, the police registered a case and after completion of investigation submitted a final report on the ground that culprits could not be detected. The petitioner filed a protest petition which was treated as a complaint and the complainant's initial statement was recorded. Thereafter the Magistrate conducted an enquiry under S. 202, Cr. P. C. and then took cognizance under Ss. 149/324/337 and 296, I. P. C. as well as under Ss. 3 and 4 of the Explosi





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