Advocates:
['M/S ANIRUDHA DAS', '', 'G P PANDA', 'A DAS', 'S K SWAIN', 'M/S B S PATTAJOSHI', '', 'MD ZABER']

CRLMC No. 2268 of 2003

27.09.2016

Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner while challenging the impugned order dated 11.07.20

03 passed by the learned S.D.J.M., Kendrapara in I.C.C. Case No. 129 of 2002

contended that on the very day not only the application filed by the

petitioner no.2 Daitari Sethy under section 205 Cr.P.C. and application under section 317 Cr

.P.C. filed by the petitioner no.1 Surendra Kumar Sethi were allowed but all the same, in the

absence of the petitioners particulars of the offences under sections 354/294/506/34 of the I

ndian Penal Code were read over and explained to the representing counsel of the petitioners

. Learned counsel for the petitioners further contended that since it is a warrant case which

is triable by Magistrate, the procedure laid down under section 240 Cr.P.C. should have been f

ollowed and the charge should have been read over and explained to the accused and he should h

ave been asked whether pleads guilty of the offence charged and claims to be tried or not.

The oc