PRATIMA BEHERA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THIS application under Section 482, Code of Criminal Procedure is disposed of at the stage of hearing on admission with active participation of both the parties. Petitioner is the informant in G.R. Case No. 18/99 pending in the Court S.D.J.M., Jagatsinghpur arising out of Jagatsinghpur P.S. Case No. 13/99. The offences alleged are under Sections 302/34, I.P.C. Petitioner filed an application in the Court of S.D.J.M., to issue process against opposite party Nos. 2 and 3. Learned S.D.J.M. rejected that prayer vide the impugned order dt. 22.9.99 on the ground that after taking cognizance of the offence and issuing process against the charge -sheeted accused persons he was founts officio to exercise further power to issue process to any other persons. He was also of the view that exercising such power is only available under Section 319, Code of Criminal Procedure and that to by the trial Court.

(3.) THE Criminal Misc. Case is allowed accordingly.