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2003 Supreme(Ori) 8

P.K.TRIPATHY
Raj Kishore Swain – Appellant
Versus
Ranjana Moharana – Respondent


Advocates:
For Petitioners:M/s. M. K. Mohanty, B. P. Routray, S. Samal, Miss M. Rout
For Opp. party:M/s. S. R. Mohapatra, B. R. Mohanty, G. P. Panda, M. K. Dash

ORDER

8.1.2003 — Heard further argument. Hearing is conclud¬ed and judgment is as follows :

2. This application u/s 482, Cr. P.C. has been filed by the petitioners with the prayer to quash the order of cognizance passed on 2.1.2001 in I.C.C. No. 44 of 2000 by learned S.D.J.M., Bhubaneswar. It reveals from the complaint that allegation has been made against the petitioners complaining of the offence of looting the properties from the house which includes sized woods, wooden furniture, cash and the machineries for carpentery and sawing and in that process exhibiting indecent conduct to the complainant who is the wife of the owner of that premises. After receipt of the complaint, learned Magistrate directed for inves¬tigation under Section 202, Cr. P.C. by the local police and after receipt of the report which went against the petitioner, he conducted an inquiry by himself, examined the complainant’s witnesses and on 2.1.2001 passed the impugned order taking cogni¬zance of the offence under Sections 451, 380, 506/34, I.P.C. Accordingly, learned S.D.J.M issued process against the petition¬ers under Section 204, Cr. P.C. Resisting to that action of learned S.D.J.M., Bhubaneswar, petitio





















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