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2017 Supreme(Ori) 692

S.K.SAHOO
Tathagata Satpathy – Appellant
Versus
Santilata Choudhury – Respondent


Advocates Appeared:
For the Petitioners:Kalayan Patnaik (Senior Advocate)
For the Opp. Party : D.C. Rout, Sanatan Jena, Bhakta Kishore Bal

JUDGMENT :

S. K. Sahoo, J.

1. The petitioners Tathagata Satapathy and Dandapani Misra in Criminal Revision No.391 of 2001 have challenged the impugned order dated 02.07.2001 passed by the learned J.M.F.C., Cuttack in I.C.C. Case No.52 of 1995 in rejecting their application for recalling the order dated 29.04.1995 passed by the learned S.D.J.M. (Sadar), Cuttack in taking cognizance of offences under sections 500, 501 read with section 34 of the Indian Penal Code and issuance of process against them.

The petitioners Sitakanta Mohapatra and Niranjan Sahoo in Criminal Revision No.375 of 1998 have challenged the impugned order dated 29.07.1998 passed by the learned S.D.J.M. (Sadar), Cuttack in I.C.C. Case No.52 of 1995 in rejecting their application for recalling the very same order dated 29.04.1995 passed by the learned S.D.J.M. (Sadar), Cuttack.

Since both the revision petitions arise out of the same case in which the applications filed by the respective petitioners to recall the very same order of taking cognizance and issuance of process have been rejected, with the consent of the parties, those were heard analogously and are being disposed of by this common judgment.

2. The opposite par


































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