Orissa Court August 2006 Judgments
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Arjun Rout and anr. Vs. State of Orissa
Court: Orissa
Decided on: Aug-02-2006
Reported in: 2006(II)OLR507
Pradip Mohanty, J.1. This revision is directed against the order dated 12.08.2004 passed by the J.M.F.C. Nimapara in G.R. Case No. 374/54 of 1996. In the said G.R. Case, a petition was filed with a prayer to recall the orders.dated 13.11.1997 and 27.11.2001 taking cognizance of the offences under Sections 341/323/294/34 IPC and to drop the proceeding against the petitioners. By the impugned order, however, the learned Magistrate refused to grant such prayer.2. The case of the petitioners is that the occurrence took place on 17.04.1996 and charge sheet was filed on 13.11.1997. The Special Judge, Puri took cognizance of the offences under Sections 341/323/294/34 IPC read with Section 3 of S.C. & S.T. (P.A) Act vide order dated 13.11.1997. On 20.12.2000, the learned Special Judge made over the case to the J.M.F.C. Nimapara to proceed with the same in accordance with law in view of the ratio decided in Gangula Ashok v. State of Andhra Pradesh 2000 (18) OCR 364 (SC). On 27.11.2001, the lear...
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