SUDAM CHARAN BARIK Vs. STATE

JUDGEMENT

(1.) HEARD Shri P. Panda for the petitioners, learned Addl. Govt. Advocate for opp. party No. 1 and Shri S. K. Mishra for opp. party No. 2.

(2.) THE twenty -eight petitioners who are arraigned as accused in G.R. Case No. 67 of 1991 pending in the Court of the Judicial Magistrate, First Class, Banpur filed this application under Sec; 482, Criminal Procedure Code for quashing the cognizance order passed by the learned Magistrate and for dropping the case against them on the ground that the parties in the meantime have settled their dispute amicably out of the Court. The informant was cited as opp. party No, 2 in the case. On the first information report lodged by him, G.R. Case No, 67 of 1991 was registered and by order dated 14 -2 -1992, the learned Magistrate took cognizance of the offences Under Sections 147/148/452/332/342/307/149, 1PC. The cognizance was taken for the offence Under Section 307, IPC which is non -compoundabla and triable exclusively by the Court of Session. The petitioners have approached this Court for intervention Under Section 482, Cr PC.

(3.) CONSIDERING the facts and circumstances of the case in the light of the decisions in the aforementioned decided cases, I am satisfied that this is a fit case for exercising of inherent jurisdiction of this Court for dropping the criminal case which, as I see, will be in the interest of justice and will serve the ends of justice. 'Accordingly,, the cognizance order passed by the learned Magistrate on 14 -2 -1992 in G.R. Case No. 67 of 1991 is quashed. The Criminal case is dropped. The lower Court record be returned forthwith.