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2011 Supreme(Ori) 323

I.MAHANTY
Subhashree Das @ Mili Panda – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. Manoj Kumar Mishra, P. K. Jena, S. B. Pradhan and D. P. Mohapatra
For Opp.Party:Mr. Debasis Panda, Addl.Government Advocate

JUDGMENT

I. MAHANTY, J. — The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Subhashree Das @ Milli Panda, Kishore Kumar Jena and Sangram Kumar Bhoi @ Sangram Bhola with a prayer to quash the proceeding in G.R. Case No.16 of 2010 pending before the learned J.M.F.C., Banpur and S.T. No.12/116 of 2010 in the Court of learned Ad hoc Addl.Sessions Judge (F.T.C.), Khurda arising out of Balugaon P.S. Case No.8 of 2010 corresponding to CID (CB) P.S. Case No.1 of 2010.

2.Learned counsel for the petitioners sought to quash the criminal proceeding initiated against the petitioners inter alia, on the following grounds :

(A)Investigation not done by D.S.P., the competent officer empowered to investigate the case under the UAP Act.

(B)Sanction is not valid sanction.

(C)Documents relied on by prosecution has not formed part of the record.

(D)Proper Court has not taken cognizance.

(E)Court trying the case is not competent.

3.Learned Addl. Government Advocate, on the other hand, opposed the prayer made on behalf of the petitioners and made response to each of the contentions noted hereinabove.

4.Although various contentions were advanced in course of the argument, thi





















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