N DILLIP REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS CRLMC arises out of a petition under S.482, CrPC filed on behalf of the petitioners where they threw the gauntlet to the order dated 15-7-2003 passed by the J.M.F.C., Purusottampur in G.R. Case No. 110 of 196(A) refusing to reconsider the order of taking cognizance for the offence under S.148/324/506/302/149, IPC dated 5-12-1996.

(2.) IN the aforesaid G.R. Case police submitted charge - sheet against the accused persons other than the petitioners. Learned J.M.F.C., Purusottampur took cognizance of the aforesaid offences against the charge - sheeted accused persons and the petitioners whose name did not find place in the charge - sheet vide order dated 15-12-1996 and issued process against them.

(3.) ACCORDINGLY , the petitioners approached the Court below and filed a petition to reconsider the order of taking cognizance against them. Learned J.M.F.C., again rejected the petition on 1-11-2002 inter alia holding that the case record was not available with him and that in the aforesaid order, the trial Corut and not he was directed to reconsider the order of taking cognizance. Challenging the said order the petitioners preferred Criminal Revision No. 35 of 2002 before the Sessions Judge, Berhampur which on being transferred was disposed of by Additional Sessions Judge, Berhampur on 3-6-2003. The Additional Sessions Judge allowed the revision, set aside the impugned order dated 1-11-2002 and remitted back the matter to J.M.F.C. with direction to consider the petition filed by the petitioners against the order of taking cognizance against them in the light of decision of the Supreme Court of India in Kishori Singh v. State of Bihar, 2000 (19) OCR (SC) 647 : 2001 CriLJ 123. The J.M.F.C., rejected the petition dated 28-10-2002 vide order dated 15-7-2003 holding that he cannot review his own order and that the original record was not available with him. Being aggrieved with the said order the petitioners have preferred this CRLMC as stated earlier.