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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Sukanta Kumar Mohanty – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background facts of the case (Para 1 , 2 , 3) |
| 2. arguments presented by petitioners and opposite parties (Para 4 , 5) |
| 3. protest petition as a valid complaint (Para 6 , 7) |
| 4. discretion of the magistrate regarding cognizance (Para 8) |
| 5. conclusion on impugned order (Para 9) |
Judgment :
Chittaranjan Dash, J.
1. Heard learned counsels for both the parties.
2. By means of this application the Petitioners seek to quash the order of cognizance dated 14.02.2023 passed by the learned J.M.F.C., Chhendipada in G.R. Case No.378 of 2021. The learned J.M.F.C., Chhendipada vide the aforesaid order has been pleased to take cognizance of the offences under Sections 417/420/409/506/34 of the IPC implicating the Petitioners on the basis of a complaint made to that effect by one Bansidhar Pradhan, the Opposite Party No.2 herein.
3. The background facts of the case are that Bansidhar Pradhan, the Opposite Party No.2 lodged a report with the IIC, Chhendipada P.S. on 16.04.2021 alleging some irregularities in the functioning of the institution and misappropriation of the fund of the trust i.e. Kalinga Institute of Mining Engineering and Technology (KIMET), a diploma institute. The said report
A Protest Petition can be treated as a complaint if it meets specific requirements; however, a Magistrate's direct cognizance after a closure report is procedurally irregular and must follow correct ....
A Protest Petition against a closure report can be treated as a complaint if it meets the necessary requirements, allowing a magistrate to take cognizance even after a final report is submitted.
A magistrate must provide an opportunity to the accused before taking cognizance of an offence, as mandated by Section 223 of BNS-2023, highlighting the limitation on the magistrate's authority in re....
The acceptance of a final report does not prevent a Magistrate from taking cognizance of a complaint based on a protest petition if supported by sufficient evidence.
Point of law: Cheating – Cognizance of offence - Once the learned Magistrate proceeded to record the sworn statement on the basis of the protest petition that itself is taking of the cognizance
Right of Complainant to file petition under Section 200 Cr.P.C. is not taken away even if Magistrate concerned does not direct that such a Protest Petition be treated as a complaint.
Cognizance of offences cannot be revisited after an initial order, unless new evidence emerges, upholding the procedural integrity of prior judicial findings.
The issuance of warrants by a Magistrate is valid if backed by a prima facie case, and protest petitions need not always be treated as complaints under the Code of Criminal Procedure.
A Magistrate cannot take cognizance of the same offence multiple times once it has been committed to the Sessions Court, affirming that further cognizance without proper cause is legally impermissibl....
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