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1988 Supreme(Ori) 97

G.B.PATNAIK
BRAJA KISHORE MANGARAJ – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Susil K. Patnaik, for the Appellant; Addl. Standing Counsel, for the Respondent

JUDGMENT :

G.B. Patnaik, J. - Accused in G.R. Case No. 158/84 in the Court of the Sub-Divisional Judicial Magistrate, Khurda is the Petitioner invoking inherent jurisdiction of this Court for quashing the order of cognisance dated 20th June, 1984 taking cognisance u/s 353 and 506 I.P.C. The process server by name Gadadhar Misra has been to village Lendu to serve a summon on the Petitioner in complaint case No. ICC 142/83 wherein the Petitioner was an accused. It was reported by the said process server that as the Petitioner refused to receive the summons, he hung the same on the wall of the Petitioner. The Petitioner thereafter filed an affidavit on 10.2.84 against the said process server that his report was completely false and conducted. The said process server made an application to the District Judge, alleging therein that on 12.2.84 at 3.30 P.M., while he was returning to Court after serving summons, the Petitioner met him near Khurda State Bank Chhak and rebuked him in obscene language in presence of two persons. The District Judge sent that application to the Sub-Divisional Judicial Magistrate who in turn forwarded the same to the Officer-in-charge, Khurda Police Station to t











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