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2022 Supreme(Ori) 22

R. K. PATTANAIK
Indrajit Sengupta – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. S. K. Dalai, Advocate, for the Appellant, Mrs. S. Patnaik, Aga, for the Respondent.

JUDGMENT

R.K. Pattanaik, J. - The petitioners have filed the instant application under Section 482 Cr.P.C. challenging the correctness of the impugned order of cognizance dated 25th April, 2008 passed in G.R. Case No.130 of 2007 arising out of Purighat P.S. Case No.21 of 2007 pending in the file of learned S.D.J.M.(Sadar), Cuttack on various grounds inter alia contending that such a prosecution is in violation of Article 20 of the Constitution of India, 1950 and also Section 300 Cr.P.C. as they could not have been prosecuted once again for the self-same incident which amounts to double jeopardy.

2. A prosecution was launched after a written report was lodged at Purighat P.S. registered under Section(s) 342 and 323 read with 34 I.P.C. with the allegation that OP No.2's son, namely, OP No.3, who was working in the house of the petitioners was ill treated and assaulted. For the alleged occurrence, as contended by the petitioners, the District Labour Officer (in short 'DLO') as well as IIC, Purighat P.S. took up the matter and in that respect, a complaint was filed by the DLO before the court below under Section 3 and 14 of the Child Labour (Prohibition and Regulation) Act, 1986 (in sho

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