FAKIR SINGH Vs. BIJAYA KUMAR BAGARIA

JUDGEMENT

(1.) THIS application is directed against an order taking cognizance passed by the Judicial Magistrate, First Class (R), Cuttack in I.C.C. No. 42 of 1999 for the offence,under Section 394, Indian Penal Code (for short the 'I.P.C.'). In this regard the orders dated 2.8.1999 and 20.8.1999 are relevant. They are quoted hereunder ;

(2.) SECTION 202, Cr.P.C. which is relevant for the purpose of this case is quoted hereunder ;

(3.) LOOKING to the facts of the present case which are akin to the Nira alias Niranjan Mohanty's case (supra), the Criminal Misc. Case is allowed, the impugned orders dated 2.8.99 and 20.8.99 passed by the Judicial Magistrate First Class, (R), Cuttack are set aside.