PRAFULLA KUMAR MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. with a prayer to quash the cognizance taken against the petitioner in G.R. Case No. 244 of 1999 by the learned J.M.F.C., Khariar. The petitioner is an Officer of Indian Forest Service and at the relevant time was posted as the Divisional Forest Officer, Khariar Division in the district of Nuapada.

(2.) THE narration of facts in the application reveals that the opposite party No. 2 is the informant in the aforesaid G. R. Case in which a final form was submitted after the investigation against which a protest petition was filed by opposite party No. 2 and ultimately cognizance was taken for the offence under Section 454/34, I.P.C. read with Section 66 of the Orissa Forest Act, 1972.

(3.) BASING upon the aforesaid F.I.R., investigation was started and a final report was submitted as the F.I.R. found to be false. Thereafter, the opposite party No. 2 filed a protest petition on which, after inquiry under Section 202, Cr.P.C., the J.M.F.C. Khariar took cognizance of offences as stated earlier.