ARUNA KUMAR MOHANTY Vs. PRAMOD PATTNAIK

JUDGEMENT

(1.) The petitioners are accused of committing the offences under Ss. 406/420/34 of IPC in 1.C.C. Case No.115 of 2022 in the Court of learned S.D.J.M., Nayagarh. In the present application filed under Sec. 482 of Cr.P.C. they seek to challenge the order dtd. 16/1/2023 passed by learned SDJM in taking cognizance of the aforementioned offences and in issuing process against them.

(2.) The brief facts of the case are that on 4/8/2022 on an order passed by learned SDJM, Nayagarh under Sec. 156(3) of Cr.P.C. Nayagarh P.S. Case No. 125 of 2022 was registered against the present petitioners under Ss. 406/34 of IPC. It was alleged that the petitioners, being Ex-Secretary and Ex-Treasurer of 'Samarpana Old Age Home' had misappropriated huge amount of money without knowledge or approval of the Executive Body. Investigation however did not reveal any evidence to support the allegation for which the I.O. submitted final report as mistake of fact on 30/9/2022. The complainant, claiming to be the Ex-working President of the Old Age Home filed a protest petition in the form of a complaint being 1CC Case No.115 of 2022 in the court of learned S.D.J.M., Nayagarh. His initial statement was recorded and inquiry was held under Sec. 202 of Cr.P.C., in course of which two witnesses were examined. After going through the complaint petition, initial statement of the complainant and statement of the witnesses examined during the Sec. 202 inquiry, learned S.D.J.M. was satisfied that there are prima facie materials to proceed against the accused persons and accordingly took cognizance of the offences referred earlier vide the order impugned.

(3.) Heard Mr. Amitav Tripathy, learned counsel for the petitioners and Mr. B.P. Das, learned counsel appearing for the opposite party-Complainant.