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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Somya Ranjan Parida – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. challenge to the cognizance order. (Para 1 , 2) |
| 2. court's scrutiny of allegations and evidence. (Para 3 , 6 , 7 , 8 , 9) |
| 3. petitioner's arguments against cognizance. (Para 4 , 5) |
| 4. suspicion is not sufficient for cognizance. (Para 10) |
| 5. quashing of impugned order. (Para 11) |
JUDGMENT :
The Petitioner has challenged the order passed on 25.04.2014 by learned S.D.J.M., Bhadrak in protest petition in 1CC Case No.404 of 2013 taking cognizance of offence U/Ss. 302/34 of IPC as well as the issuance of process against the Petitioner and others and consequently, the complaint in an application U/S. 482 Cr.P.C.
3. On receipt of the FIR, the matter was investigated into, but the I.O. submitted a final report as “mistake of fact” in G.R. Case No. 1848 of 2011, whereafter the learned Court issued notice to the informant and pursuant to such notice, the informant Satya Narayan Das filed a protest petition in 1CC Case No. 404 of 2013 in which the learned S.D.J.M., Bhadrak recorded the initial statement of the complainant and conducted inquiry U/S. 202 of Cr.P.C. by recording statement of witnesses. After going through the complaint, initial statement of the complainant and statem
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