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2012 Supreme(Ori) 323

B.K.NAYAK
lalit Mohan Panda – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioners: M/s. Prasanna Ku. Mishra and S. K. Dash
For Opp. Party : Additional Standing Counsel

JUDGMENT

B. K. NAYAK, J.

Orders dated 06.07.2011 taking cognizance of the offence under Sections 387/34 of the IPC and order dated 30.04.2012 framing charge for the said offence passed by the learned SDJM, Gunpur in G.R. Case No. 11 of 2011 have been challenged in this application under Section 482, Cr.P.C.

2. The petitioners are both A.S.I. of Police, who have been implicated in the aforesaid G.R. Case, arising out of Gunupur P.S. Case No. 8 of 2011, registered on the basis of FIR dated 17.01.2011 lodged by the Sub-Inspector of Police of Rayagada Police Station.

The prosecution case is that the informant in course of his investigation of Rayagada P.S. Case No. 6 dated 13.01.2011 under Sections 364/395 of the IPC came across one Dhanapati Jani, an accused in the said case, in the afternoon of 16.01.2011 while the said accused was coming to Rayagada n a Bolero vehicle along with some other co-accused persons. The informant detained the said accused person at Ram Mandir Square at Rayagada. On his interrogation and search he recovered the stolen cash of Rs. 9,00,500/- from accused Dhanapati Jani along with his mobile phone. In course of interrogation, the said accused stated that he was g














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