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2003 Supreme(Ori) 819

A.S.NAIDU
Abhimanyu Baliarsingh – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. D. P. Dhal, S. K. Tripathy, K. Dash, P. K. Routray and
R. Dash.
For O.P. No.1:Addl. Standing Counsel.
For O.P. No.2:None

JUDGMENT

A. S. NAIDU, J. — Invoking inherent jurisdiction of this Court under Section 482 Cr.P.C. the petitioners seek quashing of the order dated 28.10.2002 passed by the learned J.M.F.C., Pipili in G.R. Case No.117 of 2000. By the said order the Court below after perusing the materials available, took cognizance of the offences under Sections 341, 294, 323, 324, 506, 307/34 I.P.C. against the petitioners.

2. Bereft of all unnecessary details, the facts alleged in the F.I.R. reveal that on 18.4.2000 at about 8 P.M. while the informant-opp.party No.2 was proceeding on road, the accused-petitiners being armed with deadly weapons restrained him and in course of such restraint, some of the accused-petitioners as¬saulted him by “Tada’. It was also alleged that accused-Abhimanyu Baliarsing assaulted the informant on his head by means a sword as a result of which the informant fell down on the ground. There¬after, some other accused persons assaulted him and when the informant escaped, accused Abhimanyu threatened him. On the basis of the said F.I.R., Delanga P.S. Case No.46 of 2000 was regis¬tered which was subsequently converted to G.R. Case No.117 of 2000. After completion of investig






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