HRUSHIKESH DHAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) - Prayer of the petitioners in both the cases is to set aside the order dated 24-4-1996 as well as to quash the criminal proceeding vide G.R. Case No. 28 of 1989 pending in/the Court of the Judicial Magistrate, First Class-cum-Civil Judge (Senior Division), Deogarh. G.R. Case No. 28 of 1989 was registered against four accused persons on the basis of First Information Report lodged by one Paramananda Pradhan on 30-1-1989 alleging therein that at about 8 a.m. during his absence the accused persons assaulted his younger brother by means of iron pipe and caused injuries on the body of his brother. Case was registered under Sections 452, 342 and 324 read with Section 34, IPC and investigation was taken up. On completion of investigation the Investigating Officer submitted final report on the ground of insufficient evidence. On the basis of a protest petition, learned Magistrate took cognizance of offences under Sections. 452, 342 and 324 read with Section 34, IPC against all the four accused persons.

(2.) In course of trial on 24-4-1996 accused persons remained absent. Learned Magistrate while issuing non-bailable warrant against all the accused persons observed certain irregularities committed by his predecessor while taking cognizance. Challenging the said order one of the accused persons, namely, Hrushikesh Dhal has filed Criminal Misc. Case No. 2703 of 1996 and the other three accused persons have filed Criminal Misc. Case No. 659 of 1989 before this Court.

(3.) Shri R.K. Nayak, learned counsel appearing for the petitioners in both the cases, has urged the following points: