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2009 Supreme(Ori) 390

S.K.MISHRA
Bhagabat Sahoo – Appellant
Versus
State of Orissa` – Respondent


Advocates:
For Petitioners:M/s. S.K. Sahoo, Smt. G. Sahoo, M.K. Mallick & D.P. Pattnaik Addl. Standing Counsel.
For Opp. Parties:M/s. D. Panda, B. Swain, N.K. Dash, and A.K. Parida (for O.P.2)

JUDGMENT

S.K. MISHRA, J. — Heard learned counsel for the petition¬ers as well as learned Addl. Government Advocate for the opposite parties. Keeping in view the limited nature of the question involved, the matter is disposed of at the stage of admission.

2. The petitioners assail the order dated 25.06.2008 passed by the learned J.M.F.C., Bhadrak in 1.C.C. No. 66 of 2006 rejecting the petition dated 29.2.2008 of the petitioners for confronting the statement of P.Ws. 1,4,5,6 and 7 recorded under Section 161 Cr.P.C. in G.R. Case No. 1699 of 2005, as contradic¬tion.

3. The actual background of the present case is that on 23.11.2005 the complainant lodged an FIR at Bhandaripokhari Police Station regarding the occurrence. On 30.12.2005 the police submitted a final report stating that the case is one mistake of fact. On 23.2.2006 the complainant filed the complain case before the learned S.D.J.M., Bhadrak which is registered as I.C.C. Case No. 66 of 2006.

4. The learned S.D.J.M., Bhadrak, after due enquiry under Section 202 Cr.P.C., took cognizance of offence under Sections 341/323/294/506/34 IPC and issued process against the accused persons. On 10.3.2006, G.R. Case No. 1699 of 2005 was









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