BIDYADHAR ROUT Vs. JITA @ JITEN SAMAL

JUDGEMENT

(1.) Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Patnaik, learned counsel for the opposite parties.

(2.) The order dated 31.07.1998 passed by the Court below in the aforesaid complaint case recalling its earlier order dated 28.01.1998 taking cognizance of the offences alleged in the case is assailed in this Criminal Misc. Case by the complainant-petitioner invoking inherent jurisdiction of this Court under Section 482 Cr.P.C.

(3.) The aforesaid complaint case was initiated on the basis of a complaint filed by the petitioner. After recording initial statement of the complainant the Court below took cognizance of the offences alleged in the case and issued process against the accused persons. Thereafter it appears that one of the accused being present opposite party No. 1 entered appearance and filed objection to the order taking cognizance before the Court below. On the basis of such objection the said Court passed the order sought to be quashed in this case observing that on reconsideration he was satisfied that the order taking cognizance in the case would amount to miscarriage of justice and recalled the same.