Dismissed

Narasingha Pr.Panda v. Ram Ch.Khora

Orissa HC11 Jan 2018CRLMC/362/2007

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Misc. application under section 482 Cr.P.C. challenging the order of taking cognizance. Finding no infirmity in the Magistrate's order, the Court dismissed the petition, vacated the interim order, and granted liberty to the petitioner to approach the trial court.

What did the court decide?

The CRLMC application was dismissed and the interim order was vacated.

Narasingha Pr.Panda Vs Ram Ch.Khora — Criminal Trial and Appeal | Orissa HC (2018)

¶1

 CRLMC No. 362 of 2007

¶2

11.1.2018

¶3

 Heard learned counsel for the petitioner and learned Addl. Standing Counsel. None appe
ars on behalf of the opp. Party.

¶4

2. The petitioners have filed this application under section 482 Cr.P.C. challenging the
order dated 1.12.2006 passed by the learned S.D.J.M., Jeypore in 1 C.C. Case No. 52 of 2006 in
 taking cognizance of offence under sections 294/323/506 I.P.C. and issuing process against th
e petitioner.

¶5

3. Learned Addl. Standing Counsel submits that the order of taking cognizance of the offe
nce has been passed after going through the materials on record.

¶6

 4. Considered the submissions of learned counsels for both parties. From the impugned ord
er of taking cognizance it appears that the learned Magistrate after going though the complain
t, statement of complainant recorded under section 200 Cr.P.C. and statements of witnesses rec
orded under section 202 Cr.P.C. passed order in taking cognizance of the aforesaid offences.
5. I do not find any infirmity with the order of learned Magistrate cognizance of the afo
resaid offences. Accordingly, the CRLMC stands dismissed and the interim order passed earlier
stands vacated.

¶7

6. However, learned counsel for the petitioner is at liberty to raise the points before t
he learned trial court which are raised before this Court at the appropriate stage.
 Registry is directed to communicate this order to the learned trial court forthwith.

¶8

 Dr.D.P.Choudhury, J.

¶9

Narasingha Pr.Panda v. Ram Ch.Khora

Case brief

What is this about?

What did the court decide?

Narasingha Pr.Panda v. Ram Ch.Khora

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madhab Ch.Mahanta Vs State

Subodh Khatua Vs State of Orissa

Chandan Lenka and Ors. Vs State and Ors.

Sanjukta Nayak Vs Tapaswini Nayak

Chinari L. Patra Vs Dolagovinda Dash

Naresh Ch.Mohapatra Vs Bishnupriya Mangaraj