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2013 Supreme(Ori) 180

B.R.SARANGI
Sarat Chandra Panda – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For petitioner: M/s. P.R. Chhatoi & N.M. Mishra
For opp. parties : Sk. Zaffrulah, Addl. Standing Counsel (O.P.1)
M/s. N.P. Parija, S.K. Rout, A.K. Mohanty, S. Moharana, & B. Mohanty (O.P.2)

JUDGMENT

Dr. B.R. Sarangi, J. The petitioner in this application under Section 482, Cr.P.C. assails the order dated 29.10.2002 passed by the learned S.D.J.M., Jajpur in I.C.C.Case No. 153 of 2002 taking cognizance of the offence under Sections 504/323, IPC against him and order dated 30.4.2004 rejecting the petition of the petitioner to reconsider the order of cognizance.

2. Opposite party no.2 being the complainant filed a complaint before the learned S.D.J.M., Jajpur on 26.4.2002 which was registered as I.C.C Case No. 153 of 2002. The learned Magistrate by order dated 29.10.2002 recorded the initial statement of the complainant under Section 202, Cr.P.C. along with one co-victim Harihar Singh. The petitioner (accused no.1) was working as Tahasildar, Dharmasala, whereas accused no.2 was working as R.I. in the same Tahasil. Allegation has been made against the accused no.2 that he demanded money from the complainant and his brother Harihar as a condition precedent for sanction of cyclone relief in their favour. Allegation as against accused no.1 (the present petitioner), was that he uttered abusive words at the complainant and his brother and gave assault to the complainant when the













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