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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Manoranjan Jena – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petition under section 482 cr.p.c. regarding rpf members' protection. (Para 1 , 2 , 3) |
| 2. arguments regarding applicability of rpf act and immunity. (Para 5 , 6) |
| 3. court's analysis of conditions for prosecution. (Para 8 , 9) |
| 4. legal standards for public servant protection under section 197 cr.p.c. (Para 10 , 11 , 12) |
| 5. dismissal of the petition and outcome. (Para 14 , 15) |
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant petition under Section 482 Cr.P.C. is filed by the petitioners assailing the impugned order dated 27th June, 2009 (Annexure-4) passed in S.T. Case No.754 of 2001 by the learned Additional Sessions Judge (FTC), Jagatsinghpur on the grounds inter alia that it is illegal and against the weight of evidence on record and contrary to the provisions of Section 20 (3) of the Railway Protection Force Act, 1957 (in short ‘the RPF Act’)as well as Section 197 Cr.P.C. and therefore, the same is liable to the interfered with and set aside.
2. The petitioners are the members of the RPF and as such, the RPF Act, 1957 is applicable to them for all purposes besides the provisions of the Cr.P.C. The contention of the petitioners is that protection is provided to the members of
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