AJAYA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Section 482, Cr.P.C. the petitioner has prayed to quash the order of cognizance passed by the learned SDJM, Champua for the offence under Section 363, IPC in G.R. Case No. 39 of 2003.

(2.) BASING on an F.I.R. lodged by opposite party No. 2, Champua P.S. Case No. 21 of 2003 corresponding to G.R. Case No. 39 of 2003 of the Court of learned SDJM, Champua under Section 363, IPC was registered. After investigation in that case, charge -sheet was submitted against the present petitioner under Section 363, IPC and basing on the charge -sheet and the case diary, the learned SDJM took cognizance of the offence and issued process to the petitioner. Aggrieved, the petitioner has filed the present petition under Section 482, Cr.P.C. for quashing the said order of cognizance.

(3.) LEARNED Addl. Standing Counsel submits that although technically the offence under Section 366 is prima facie made out, but in view of the observation given by the Apex Court in the case of Fagle Gaffar Khan v. State of W.B., 2000 SCC (Cri) 686, this Court can consider the plea of the petitioner.