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2006 Supreme(Ori) 432

A.S.NAIDU
Chandrasekhar Mohanty – Appellant
Versus
Japani Sahoo – Respondent


Advocates:
For Petitioner:M/s. Bijan Ray, B. Mohanty, B. K. Behera and S. Pattnaik
For Opp.Party:M/s. G. Rath, S. K. Misra and A. Mohapa¬tra

JUDGMENT

A. S. NAIDU, J. — On the basis of a complaint petition filed by the opposite party on 5.2.1996 I.I.C. No.45 of 1996 was registered in the Court of S.D.J.M., Bhubaneswar. In the said complaint petition it was, inter alia, alleged that the petition¬er, who was an Officer of the Police Department had committed offences punishable under Sections 161/294/323/506 of the I.P.C. Learned S.D.J.M., Bhubaneswar by order dated 8.8.1997, on being prima facie satisfied that materials are available, took cogni¬zance of the offences under Sections 294 and 323 of the I.P.C. only. The said order is assailed before this Court invoking inherent jurisdiction mainly on the ground that the case had become barred by limitation as on 8.8.97 and as such the order taking cognizance was hit by Section 468 of the Code of Criminal Procedure and is liable to be quashed. It was also contended that the allegations levelled were false and frivolous and the complaint petition was filed with an avowed oblique motive of harassing the petitioner. Admittedly, as would be evident from the complaint petition, the alleged occurrence took place on 2.2.96 and the complaint petition was filed on 5.2.1996. But then c








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