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1994 Supreme(Ori) 213

ARIJIT PASAYAT
P. K. SARANGI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
P.K. Ray, for the Appellant; D.K. Misra, A.S.C. for Opp. party No.1, L. Mohapatra and M.R. Mohanty (2) for Opp. party No. 2, for the Respondent

JUDGMENT :

A. Pasayat, J. - Petitioner calls in question legality of order dated 11-3-1992 passed by Judicial Magistrate First Class Bhawani-patna taking, cognizance of offences punishable under Sections 176 and 202 of the Indian Penal Code, 1860 (in short IPC) and directing issue of notice to him to face trial. Action was taken on the purported exercise of power conferred u/s 319 of the Code of criminal Procedure, 1973 (in short, the Code on the basis of an application filed by one Uma Sankar Mund (opp. party No. 2) (hereinafter referred to as the accused Petitioner's application for revision of the order before learned Sessions Judge Kalahandi Bhawanipatna did not bring any relief and thereafter this application has been filed.

2. Background facts sans unnecessary details are as follows : Petitioner while working as Project Manager in Kalahandi Utilisation Division of Similipahar Forest Development Corporation Ltd. (in short, 'Corporation' ) detected certain forgeries and misappropriation. On the allegation that there was over-payment to the extent of Rs. 57,402.43 to one Karam Chand Sarma of Lanjigad, petitioner asked said Sri Sarma to refund the amount. In response to the letter















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