Advocates:
['M/S ASHOK KU BEHERA', '', 'D MISHRA', 'M/S SANTOSH KU PATTANAIK', '', 'D PATTANAIK', 'S PATTNAIK', 'U CH MOHANTY', 'P K PATTANAIK']

07. 08.08.2017 CRLMC No.1595 of 2010

Heard learned counsel for the petitioner and learned counsel for the State, so also le

arned counsel for the opposite party no.2-complainant.

This CRLMC has been filed by the petitioner to quash the order dated 1

1.11.2009 passed in I.C.C. No.03 of 2009 by the learned S.D.J.M., Bargarh taking cognizance of

the offences punishable under Sections 408/ 420 of the I.P.C.

It appears that a complaint petition was filed by the opposite party n

o.2-complainant alleging therein that while the petitioner was functioning as Area Manager of

MARKFED, Bargarh stated to have committed the aforesaid offences wherein enquiry was made and

after necessary enquiry, cognizance was taken for commission of the aforesaid offences against

the petitioner.

The petitioner in this case has challenged such order taking cognizanc

e on the ground that on the self-same cause of action a Vigilance Case i.e. Sambalpur Vigilanc

e P.S. Case No.37 of 2009 having been initiated earlier, cognizance taken in the complaint cas

e i.e. in I.C.C. No.03 of 2009 a