JAMUNA PRASAD DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) A very unusual order passed by learned Sub-Divisional Judicial Magistrate, Bargarh (in short, 'SDJM') in the subject-matter of challenge in this application. By impugned order learned SDJM has directed for issue of summons to the petitioner who was informant in GR case No. 132 of 1992. Cognizance of an offence punishable under S. 409 of the Penal Code, 1860 (in short, 'IPC') was taken.

(2.) Factual position, almost undisputed, is as follows :-

(3.) According to petitioner the course adopted by learned SDJM is unknown in law. He has made presumptuous conclusions about the informant having lodged a false information. Learned counsel for the State submitted that the learned SDJM has passed order which though unusual, is intended to bring the real culprit to book.