SANGRAM KESHARI MISHRA Vs. NIRANJAN SENAPATI AND ORS.

JUDGEMENT

(1.) PETITIONER is an accused in I.C.C. No. 10 of 1990 of the Court of Subdivisional Judicial Magistrate, Gunupur and he has challenged the order dated 18.7.1990 by which learned S.D.J.M. after undertaking an inquiry under proviso to Sub -section (2) of Section 202 of the Code of Criminal Procedure (in short, 'the Code') took cognizance against the Petitioner for the offence under Sections 120 -B, 323, 324, 307/109 I.P.C. and took cognizance against the other accused persons for the offences under Section 120 -B, 147, 148, 323, 324, 452, 307/149 I.P.C. The other accused persons are not party to this proceeding and there is nothing in the record to disclose that they have challenged the order of cognizance. On the other hand, it appears from the L.C.R. of I.C.C. No. 10 of 1990 as well as G.R. Case No. 45 of 1990 that some of them have already appeared in the Court below.

(2.) OPPOSITE party No. 1, Niranjan Senapati is an Advocate and also by the date of occurrence he was, the Chairman of Gunupur Block. As it reveals from the complaint and the case diary of G.R. Case No. 45 of 1990 which was registered on the F.I.R. of opposite party No. 1, that upon certain statements and propaganda made by or at the behest of the complainant assassinating the character of a lady, being the sister of one of the accused persons and also associating this Petitioner in that scandal that gave rise to the conspiracy and assault on the complainant. It may be noted that by the date of occurrence which took place on 30.3.1990 Petitioner was the Sub -Collector of Gunupur Subdivision.