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2004 Supreme(Ori) 304

R.N.BISWAL
Sudhansu Parida – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. A.K. Mohanty (A), R. C. Pradhan and R. K. Behera
For Opp. Parties:Addl. Govt. Advocate(for Opp. Party No. 1)
M/s. B. P. Tripathy, P. K.Chand, D. Satapathy, D. K. Mohanty and J. Mohanty.
(for Opp. Party No.2)

JUDGMENT

R. N. BISWAL, J. — The petitioner has filed this case under Section 482 Cr.P.C. with a payer to quash G.R. Case No. 229 of the 2003 arising out of I.C.C. No. 51 of 2003 pending in the Court of S.D.J.M., Udala.

2. As per the petition, on 23.7.2003 one Phulamani Behera filed I.C.C. No. 51 of 2003 (Annexure-1) before the learned S.D.J.M., Udala making some false and frivolous allegations against the petitioner. Without examining the complainant or her witnesses, on 25.11.2003 the learned S.D.J.M. simply forwarded the complaint petition to the Officer-in-Charge of Khunta Police Station through the C.S.I., Udala under Section 156 (3) Cr.P.C. for registration and investigation of the case with a direction to submit the F.I.R. by 4.11.2003. Pursuant to the said direction, the O.I.C., Udala Police Station treating the complaint petition as F.I.R., registered P.S. Case No. 76 of 2003 under Sections 341/323/294/354/506 (2) IPC read with Section 3 of S.C. and S.T. (P.A.) Act and sent it to the Court which was registered as G.R. Case No. 229 of the 2003 (Annexure-2). It appears from Annexure-2 that since the alleged offences includes offence under Section 3 of S.C. and S.T. (P.A.) Act







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