Orissa Court April 1996 Judgments

Ramesh Chandra Panda and ors. Vs. State of Orissa

Court: Orissa

Reported in: 1996CriLJ2776

ORDERP.K. Misra, J.1. Some of the members of second party in a proceeding under Section 107 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') initiated by the Executive Magistrate, Ranpur, numbered as Criminal Misc. Case No. 48 of 1994 have filed this application under Section 482 of the Code praying for quashing the proceeding.2. The petitioners have filed a copy of the notice served on petitioner No. 2 as Annexure-1 and contended that an order has been passed mechanically by the Executive Magistrate calling upon the second party members to show cause without explaining the substance of information and without furnishing a copy of the information. It is contended that the proceeding has been initiated without application of judicial mind and without making an inquiry into the matter. It is also contended that the notice which was served on petitioner No. 2 was a cyclostyled one and this indicates the lack of application of mind on the part of the Executive Magi...