DAMODAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) 3./13.8.1984. We have heard Mr. R. Mohanty, the learned counsel for the petitioner and Mr. B. Ray, the learned Government Advocate. We have also perused the record of Criminal Misc. Case No. 265 of 1984 which is a proceeding under Section 107 of the Code of Criminal.Procedure. Mr. Mohanty for the petitioner has contended that there must be subjective satisfaction of the Subdivision Magistrate before a warrant is issued against any person in a proceeding of this matter and the impugned order is based on no material and therefore, this Court should direct the release of the petitioner forthwith. The learned Government Advocate has, however, invited our attention to the impugned order based on the police report and the station diary entries enclosed thereto.

(2.) The operative part of the order passed by the learned Sub-divisional Magistrate has been recorded thus:

(3.) The Proviso to Section 113 of the Code of Criminal Procedure reads: