SHYAM SUNDAR SAHOO Vs. BIBHU PRASAD SAHOO

JUDGEMENT

(1.) THIS application under Section 482. Cr. P.C. is directed against the order dated 18.4.2002 passed by the learned S.D.J.M., Kendrapara in I.C.C. No. 130 of 2001 taking cognizance of the offences under Sections 294, 323, 341, 384, 394, 506 read with Section 34 of the Penal Code.

(2.) FROM the impugned order it appears that after presentation of the complaint before the Court, initial statement of the complainant. was recorded and the learned Magistrate proceeded with the inquiry under Section 202, Cr.P.C. and on the basis of initial statement of the complainant and the statements recorded during inquiry under Section 202, Cr.P.C. cognizance of the offences was taken.

(3.) IN course of hearing of this application, decisions of this Court were cited taking divergent views on the above question.