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2017 Supreme(Ori) 451

S.K.SAHOO
Kailash Chandra Mohanty – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Opp. Parties : Mr. Jyoti Prakash Patra Addl. Standing Counsel

JUDGMENT :

S. K. SAHOO, J.

1. Heard Mr. Jyoti Prakash Patra, learned Additional Standing Counsel for the State.

2. The petitioners have filed this application under section 482 of Cr.P.C. to set aside the impugned order dated 26.11.2005 passed by the learned J.M.F.C.(R), Cuttack in I.C.C. Case No.52 of 2005 in dismissing the petition filed by the petitioners to set aside the order of taking cognizance on the ground of jurisdiction which was confirmed by the learned Adhoc Additional Sessions Judge, Fast Track Court No.I, Cuttack in Criminal Revision No.86 of 2005 vide impugned judgment and order dated 06.03.2006.

3. The main ground taken by the petitioners to quash the aforesaid impugned order and judgment passed by the learned Courts below is on the ground that the learned J.M.F.C.(R), Cuttack has no territorial jurisdiction to try the complaint case.

4. It appears that the occurrence in question took place on 01.05.2005 at about 5.00 p.m. in village Mugabhanga in the garden of the complainant-opp. Party no.2. The place of occurrence situates under Cuttack Sadar Police Station in the district of Cuttack. In the complaint petition, in Col. No. III which relates to time, place and date of













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