BRIJ KISHORE SINGH Vs. NUTAN SINGH

JUDGEMENT

(1.) This is an application questioning correctness of order dated 18-12-1993 passed by learned Sub-divisional Judicial Magistrate, Berhampur (in short, the 'SDJM') invoking power under Section 156(3) of the Code of Criminal Procedure, 1973 (in short, the 'Code'), and directing investigation.

(2.) Background facts are as follows :

(3.) According to Mr. D. P. Das, learned counsel for petitioners no part of the alleged occurrence took place either within the limits of B. N. Pur Police Station, or within the jurisdiction of learned SDJM, Berhampur. and, therefore, the direction as given is not in accordance with law. The learned counsel for opposite parties on the other band submitted that there is sufficient material to show that at least a part of the cause of action arose within the jurisdiction of B. N. Pur Police Station, and also within the jurisdiction of learned SDJM, Berhampur, and therefore, the direction as given is proper.