SANKAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Shri D.P. Dhal for the petitioner learned Addl. Govt. Advocate for the opposite party.

(2.) The short question that falls for determination in this case is whether the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Nayagarh was competent to remand the petitioner to custody when he had been released on bail by order of the learned Sessions Judge, Puri. An order having been passed by the learned S.D.J.M. to this effect on 6-3-1993 in G.R. Case No. 520 of 1990, the accused filed the present application under Sec. 482, Criminal Procedure Code assailing the said order.

(3.) The factual backdrop of the case necessary for appreciating the question may be stated thus :