SANTOSH KUMAR BISWAL AND Vs. SAHADEV MALLICK

JUDGEMENT

(1.) HEARD .

(2.) IN this application under Section 482 Cr.P.C. petitioners pray to quash the order of cognizance in I.C.C. No. 66 of 1996 of the Court of S.D.J.M., Bhanjanagar and to recall the order of the process so far it relates to both of them.

(3.) MR . Sarangi, learned Counsel for the opposite party, on the other hand, states that refusal to include the petitioners as accused in the G.R. Case was on a technical ground that they were not charge-sheeted and not on merit with the finding regarding absence of prima facie case. He further argues that the order of cognizance dated 30.4.1998 was passed after perusal of the statements of a large number of witnesses which was recorded in the enquiry under Section 202 Cr.P.C. and order was passed to issue process against the accused persons including the petitioners on the basis of existence of a prima facie case against them. He further states that the aforesaid order in the complaint being independent of the order in G.R. Case, therefore, petitioners are not get any advantage from out of the circumstances of rejection of the application of the prosecution by the S.D.J.M. in the G.R. Case.