LAXMAN PRUSTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Mr. Zafrulla, learned Additional Standing Counsel. Perused the records. Order dated 03.09.2012 passed by the learned J.M.F.C., Balasore in C.T. No. 1505 of 2007 rejecting the application for discharge and framing charge against the petitioner under Sections 466, 467, 468, 471 of the Indian Penal Code has been challenged in this revision.

(2.) It was urged in the petition and also argued before the learned Magistrate that the proceeding arising out of Balasore Town P.S. Case No. 402 of 2007 initiated on the basis of the FIR lodged by the Reserve Sub-Inspector, Reserve Office, Balasore was not maintainable/entertainable in view of the bar contained in Clause (c) of Sub-rule (2) of Rule 7 of the Orissa Civil Services (Pension) Rules, 1992 (in short 'the rules').

(3.) Learned J.M.F.C., Balasore rejected the contentions raised on behalf of the petitioner simply, holding that since cognizance has already been taken the question of non-maintainability of the proceeding cannot be entertained at the stage of framing of charge.