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2005 Supreme(Ori) 355

A.K.PARICHHA
Kanhu Behera – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. S. N. Mohapatra, S. Behera, P. C. Singh, P. K. Panda, S. K. Mishra and C. Nayak
For Opp. Party:Addl. Standing Counsel for the State

JUDGMENT

A. K. PARICHHA, J. — This application under Sec. 482 of the Code of Criminal Procedure has been filed challenging the order dated 12.6.2003 passed by the learned J.M.F.C., Narasinghpur in G.R.Case No. 3 of 2003 taking cognizance of the offences under Sections 498-A, 304-B, 302, 201/34, IPC and Section 4 of the D.P.Act.

2. Basing on an FIR lodged by one Basanta Kumar Pradhan, Kanpur P.S.Case No. 2 of 2003 was registered, investigation was conducted and charge-sheet was submitted for the offence under Sections 498-A, 304-B, 302, 201/34, IPC and Section 4 of the D.P.Act. Learned J.M.F.C., Narasinghpur after perusing the mate¬rials produced by the prosecution, took cognizance of the above noted offences and directed issue of process against the accused persons including the petitioner. Aggrieved, the petitioner has filed this application for quashing the order of cognizance dated 12.6.2003.

3. Mr. S. N. Mohapatra, learned counsel appearing for the petitioner submits that the petitioner is in no way connected with the alleged offence and that the materials in the case diary do not reveal any case against him and for that reason, the impugned order of cognizance is unsustainabl






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