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2019 Supreme(Ori) 521

A.K.MISHRA
Balabhadra Mahanta & Mamata Das – Appellant
Versus
State Of Orissa – Respondent


Advocates Appeared:
M/s. B. Mohanty. A. Tripathy, for the Appellant; Ms. S. Pattnaik (Addl. Govt. Advocate), for the Respondent
Cases Referred
Emperor vrs. Kushal Pal Singh, AIR 1931 Allahabad High Court 433
Iqbal Singh Marwah and another vrs. Meekakshi Marwah and another 2005 (II) OLR (SC) 102
Manoranjan Khatua vs. State of Orissa 1990 Criminal Law Journal 1583
State of Karnataka v. Hemareddy, AIR 1981 SC 1417 : (1981 Cri LJ 1019
State of U. P. v. Suresh Chandra Srivastava, AIR 1984 SC 1108 : (1984 Cri LJ 926

JUDGMENT

A. K. Mishra, J. - In this proceeding U/s. 482 Cr.P.C., prayer has been made to quash the order dated 10.03.2011 passed by the learned JMFC, Barbil in G.R. Case No.138 of 2007 arising out of Barbil P.S. Case No.72 of 2007, whereunder the learned JMFC, Barbil has taken cognizance U/s.420/120-B and 34 of IPC and issued summons against the present two petitioners who were practicing advocates of that court. For taking such cognizance, learned JMFC has considered charge-sheet i.e. police report filed in Barbil P.S. Case No.72 dated 13.04.2007.

2. Heard Mr. A. Tripathy, learned counsel for the petitioners and Ms. S. Pattnaik, learned Addl. Govt. Advocate. Perused the certified copy of the order-sheet in G.R. Case No.138 of 2007, F.I.R. and other materials. The facts undisputed are that in G.R. Case No.423 of 2006, the accused Md. Firoj was allowed to be released in bail by the Addl. Sessions Judge (F.T.C.) Champua. On 27.10.2006, two bailors namely one Manglu Munda and another Mansingh Munda stood sureties filing affidavits and bail bonds. Learned JMFC, Barbil verified and being satisfied issued release order. On 16.11.2006, in presence of accused person, one surety namely Mansi

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