JAYA KRISHNA CHAMPATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant petition under Sec. 482 Cr.P.C. is filed by the petitioner challenging the impugned order dtd. 9/5/2011 under Anneuxre-1 passed in connection with G.R. Case No. 112 of 2010 by the learned SDJM, Bhubaneswar corresponding to Nayapalli P.S. Case No. 9(9) dtd. 15/1/2010 registered under Sec. 120-B IPC and Ss. 10 and 13 of Unlawful (Prevention)Activities Act,1967 (hereinafter referred to as the 'UAP Act') on the grounds inter alia that the same is not tenable in the eye of law and hence, liable to be quashed in exercise of the Courts' inherent jurisdiction.

(2.) In fact, the informant, namely, IIC, Nayapalli P.S. drew a plain paper F.I.R. dtd. 15/1/2010 stating therein that after recovery of some incriminating articles/publications pertaining to Maoist activities after arrest of the wife of Maoist leader Sabyasachi Panda by Balugaon police, a tip off was received regarding storage of such publication and other literature in Tarini Print Point, Nayapalli, Bhubaneswar owned by the petitioner and accordingly, search was conducted at the said place and at the end of it, 19 sheets of CPI(Maoist) posters printed in Oriya were recovered containing messages of Maoist ideology to encourage and spread unlawful activities with a view to instigate the mass against the State. With details of other facts, the report was lodged, consequent upon which, Nayapalli P.S. Case No. 9(9) was registered and later to the submission of final chargesheet, the learned court below passed the impugned order of cognizance under Annexure-1 which is currently under challenge.

(3.) Heard Mr. Jena, learned counsel for the petitioner and Mr. Mishra, learned ASC for the State.