SUKANTA KUMAR MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard leaarned counsels for both the parties.

(2.) By meanns of this application the Petitioners seek to quash the order of coggnizance dtd. 14/2/2023 passed by the learned J.M.F.C., Chhendipada in G.R. Case No.378 of 2021. The learned J.M.F.C., Chhenddipada vide the aforesaid order has beeen pleased to take cognizance of the offences under Ss. 417/4200/409/506/34 of the IPC impliicating the Petitioners on the basis of a complaint made to that effeect by one Bansidhar Pradhan, the Opposite Party No.2 herein.

(3.) The background facts of the case are thaat Bansidhar Pradhan, the Oppposite Party No.2 lodged a report with the IIC, Chhendipada P.S. on 16/4/2021 alleging some irregularities in the functioning of thhe institution and misappropriation of the fund of the trust i.e. Kalinga Institute of Mining Engineering and Technology (KIMET), a diploma institute. The saidd report was treated as FIR and Chhendipada P.S. Case No.215 of 2021 was registered and the investigation commenced. In coourse of the investigation, thhe investigating agency found no supporting evidence in resppect to the allegations and submitted the closure report (F.R) holding the allegations to be a mistake of fact vide Chhendipada P.S. F.F. No. 548 dtd. 30/11/2011 andd notice was served on the Complainant along with the copy off the report. Pursuant to the closure of the investigation and the suubmission of the final report,, the Opposite Party No.2 submitteed a Protest Petition before the learned J.M.F.C., Chhendipada whhereupon, the learned court upon recording the initial statemment of the Complainant andd that of the witnesses under Sec. 202 Cr.P.C. found sufficient material and strong ground and took coognizance.