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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Pratap Kumar Jena @ Pratap Jena – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. petitioner challenges order of cognizance. (Para 1 , 2 , 3) |
| 2. arguments on jurisdiction and cognizance. (Para 4 , 5) |
| 3. court's passive role on existing petitions. (Para 6) |
| 4. jurisdictional questions raised on double cognizance. (Para 7 , 8) |
| 5. further investigation necessity reiterated. (Para 9 , 10) |
| 6. legal principles on double cognizance expounded. (Para 11 , 12) |
| 7. clarifications on second protest petitions and legality. (Para 13 , 14 , 15) |
| 8. powers of courts post cognizance discussed. (Para 16 , 17 , 18) |
| 9. court defines boundaries on investigation directions. (Para 19 , 20 , 21) |
| 10. importance of judicial scrutiny over complaints. (Para 22 , 23 , 24 , 25) |
| 11. court's powers reaffirmed and conclusion drawn. (Para 26 , 27 , 28) |
| 12. final outcome of the case declared. (Para 29) |
JUDGMENT :
1. The petitioner by invoking the jurisdiction of this Court U/S. 401 read with Section 397 of the Code of Criminal Procedure, 1973 ( in short, “CrPC”) has challenged the order dated 25.09.2023 passed on the protest petition filed in the shape of complaint in ICC No. 11 of 2023 arising out of G.R. Case No. 14 of 2021 corresponding to Mahanga P.S. Case No. 5 of 2021, by which the lear
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