MANDAKINI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present application under Section 482 of the Code of Criminal Procedure, a prayer has been made seeking to quash the order of cognizance dated 9.3.2010 passed by the learned J.M.F.C., Chandikhol in G.R. Case No. 309 of 2009.

(2.) Mr. Mohanty, learned Senior Counsel appearing for the Petitioner fairly submits that the present application is filed essentially due to the apprehension in the mind of the Petitioners that although they have been granted anticipatory bail by this Court in BLAPL Nos. 5870 of 2009 and 6113 of 2009 vide order dated 27.4.2009 and 13.5.2009 respectively and thereafter, have been released on bail by the police. As a consequence of the impugned order of cognizance and the charge-sheet have been submitted and summons have been issued by the learned J.M.F.C. for appearance of the Petitioners, the Petitioners apprehend arrest and/or being remanded to judicial custody especially, since the offences complained of are triable by the Court of Sessions.

(3.) In course of argument, reliance was placed by the learned Senior Counsel for the Petitioner on a latest judgment of the Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. passed in Criminal Appeal No. 2271 of 2010 vide order dated 2.12.2010 (copy of which has been downloaded by the NIC) and produced before this Court for perusal. The Hon'ble Supreme Court in a Bench presided by Hon'ble Mr. Justice Dalveer Bhandari, considering the scope and ambit of Section 438 Code of Criminal Procedure, 1973 placed reliance on an earlier Constitution Bench judgment rendered by the Hon'ble Supreme court in the case of Gurbaksh Singh Sibbia and Ors. v. State of Punjab, 1980 2 SCC 565 and came to hold as follows: