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ORISSA HIGH COURT
SRICHARAN MOHANTY – Appellant
Versus
BHIKARI MALLIK – Respondent


Advocates:
['M/S SURYAKANTA DASH', '', 'H MAHARANA', 'M/S S K NAYAK', '', 'K JENA', 'MISS A NAYAK', 'S S K NAYAK', 'B K ROUT']

CRLMC No.1902 of 2010

08. 31.07.2017 Heard learned counsel for the petitioner. None

appears for the opposite party-complainant.

This CRLMC has been filed by the petitioner to quash the order dated 0

2.03.2009 passed in I.C.C. No.58 of 2008 by the learned J.M.F.C., Pattamundai taking cognizanc

e of offences punishable under Sections 294/ 323 of the I.P.C.

As it appears from the allegation that the opposite party-complainant

had been to the police station to report against one Nabaghana Mallik and Braja Das. As no act

ion was taken on the same, the opposite party-complainant further had been to the police stati

on on 02.04.2008 to enquire about the status of the report. It is alleged in the complaint pet

ition that the petitioner-the A.S.I. of Rajkanika P.S. was present there and at that time the

petitioner stated to have abused in filthy language and criminally intimidated and also assaul

ted him. On receipt of such complaint, statement of the opposite party-complainant and his wit

nesses were recorded and pursuant to the same, the trial court appears to have proceeded again

st the petitione

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