REPUBLIC OF INDIA Vs. BABU SAMAL

JUDGEMENT

(1.) The prosecution in S.P.E. Case No.9 of 1996 of the court of AddI. Chief Judicial Magistrate, Bhubaneswar has filed this revision application challenging legality and correctness of the order dated 19.7.1999 by which learned AddI. Chief Judicial Magistrate recalled the order of cognizance passed against the opposite party, who is one of the two accused persons in the said S.P.E. Case.

(2.) The aforesaid case in the Court of Addi. C.J.M., Bhubaneswar was registered on the allegations of offences punishable under Sections 120- B/420 I.P.C. with the allegations that fake gas connections were shown as granted to eight non-existing persons by the co-accused of the petitioners who is running a gas agency (not a party in this case) and the petitioner being a practising advocate at Bhubaneswar identified ,UlOse persons in the affidavits though such persons with such names and descriptions and addresses are non-existing. It is the further allegation of the prosecution that when four affidavits bear the seal of the Court of Sri K.C. Das, Magistrate, the other four affidavits bear fake seal.

(3.) The opposite party filed an application under Section 482, of the Code of Criminal Procedure, 1973 (in short the Code) with the prayer to quash the order of cbgnizabce and at the stage of hearing of that application on 3.12.1998 that application was disposed of because the opposite party (petitioner in that case) stated that he would move an application in the Court below with the prayer to recall the order of cognizance. Thus this Court directed that if any such application would be filed that be heard and disposed of in accordance with law. The opposite party filed that application and the impugned order is the outcome as the decision on that application,