Advocates:
['M/S S K NAYAK', '', 'S NAYAK', 'K JENA', 'A NAYAK', 'B K ROUT', 'M/S R K SATAPATHY', '', 'M K MISHRA', 'S R NANDY', 'S K PATI']

CRLMC No. 2476 of 2007

18.1.2018

Heard learned counsel for the petitioners and learned Addl. Standing Counsel. None app

ears on behalf of opp. Party no.1.

2. This petition under Section 482 Cr.P.C. has been filed by the petitioners to quash the

order dated 6.10.2007 passed by the learned S.D.J.M., Bhubaneswar in 1 C.C. No.4096 of 2007 f

or taking cognizance of the offence under Sections 498-A/342/294/506/34 I.P.C. read with Secti

on 4 of D.P. Act and Section 3 of S.C. & S.T. (P.A.) Act and process against the present petit

ioners.

3. Learned counsel for the petitioners submits that the opp. Party no.1 has married petit

ioner no.3 and this case arises out of a complaint case filed by opp. party no.1. He further s

ubmits that the order of taking cognizance of the offences under Sections 498-A/342/294/506/34

I.P.C. read with Section 4 of D.P. Act and Section 3 of S.C. & S.T. (P.A.) Act is illegal and

improper as the learned Magistrate has not applied his judicial mind to the facts of the case

and the case has been falsely foisted against them. Since Section 3 of S.C. & S.T. (P.A.) Act

is triable by Court of Session and in such cases the enquiry under