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1984 Supreme(Ori) 47

B.K.BEHERA
OMPRAKASH SAHA – Appellant
Versus
MANMOHAN MOHANTY – Respondent


JUDGEMENT

Order:- On July 10, 1981, a petition of complaint was made in the court of the learned Sub-divisional Judicial Magistrate, Baripada, by the opposite party No. 1, as the complainant, against the petitioner, the opposite party No. 2 and Smt. Ginidevi Saha for commission of offences punishable under Secs. 341, 366 and 498 of the Penal Code. The learned Sub-divisional Judicial Magistrate recorded the initial statement of the opposite party No. 1 and fixed August 11, 1981 as the date of inquiry under S. 202 of the Criminal P. C., 1973 (Act No. 2 of 1974), to be referred to hereinafter as the Code, with a direction to the opposite party No. 1 to produce all his witnesses. On the date fixed for inquiry, the learned Sub-divisional Judicial Magistrate made a direction to send copies of the complaint and the initial statement of the opposite party No. 1 to the court of Mr. G. P. Rao, Judicial Magistrate, First Class, to hold the inquiry under Section 202 of the Code and submit his report. On October 24, 1981, the learned Sub-divisional Judicial Magistrate, on the basis of the report of inquiry of the Judicial Magistrate, dismissed the complaint against the accused Smt. Ginidevi Saha






























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