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2014 Supreme(Ori) 68

B.K.PATEL
Manoj Ranjan Nayak – Appellant
Versus
Purna Chandra Das – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M/s. R.C. Sarangi, J.K. Mohapatra, S.S. Mohanty, S.K. Padhi, Sr. Adv., P. Behera, B.A. Prusty and S.R. Debata
For Respondents/Defendant: R.C. Mohanty, Miss. G. Nayak and Smt. Rita Devi

JUDGMENT

B.K. Patel, J.

1. This revision is directed against the impugned order dated 4.1.2012 passed by the learned S.D.J.M., Bhubaneswar rejecting petitioner's application under Section 245(2) of the Cr.P.C. to discharge him of the accusation of commission of offences under Sections 120-B/427/506 of the Indian Penal Code (for short the 'I.P.C.') in I.C.C. No. 4641 of 2008 instituted by the opposite party complainant against the petitioner and another co-accused. The complainant is power of attorney holder and grand-father of one Pradipta Kumar Mohanty. It is alleged in the complaint petition that Pradipta Kumar Mohanty purchased the disputed land on the strength of registered sale deed dated 18.4.1989 and is in possession by constructing boundary wall around the same. On 16.11.2007 said Pradipta Kumar Mohanty executed a registered power of attorney in favour of the complainant. On the date of occurrence, i.e., on 2.11.2008 evening, the complainant came to know that some persons were preparing to demolish the boundary wall. He along with others went there and found the co-accused along with seven to eight labour class people and five to six persons wearing uniform like security guar























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