JUDGMENT :

S.K. Sahoo, J.

The petitioner Kamurul Haque has filed this application under section 482 of the Cr.P.C. challenging the order dated 05.09.2003 of the learned S.D.J.M., Bhubaneswar passed in G.R. Case No. 3433 of 2002 in taking cognizance of offence under section 420 read with section 34 of the Indian Penal Code and issuance of process against him. The said case arises out of Mancheswar P.S. Case No.182 of 2002.

2. On 25.10.2002 one Smt. Aswini Pattnaik, Inspector of Police, CID, CB, Orissa, Cuttack lodged the First Information Report before the Inspector in charge, Mancheswar Police Station stating therein that accused Raj Kishore Nayak, President, Managing Body, Orissa Medical College of Alternative Medicines, (hereafter for short “OMCAM”) along with the petitioner who was the Principal of OMCAM were managing the educational institution in the name and style as OMCAM, Hospital and Research Centre, Bhubaneswar, At/PO-Naharkanta in the district of Khurda which was registered under Societies Registration Act. Both the accused represented that their institution was registered by Govt. of Orissa and any student after completion of four and half years course can open his own cli