KUSHA KUMBHAR AND ANOTHER Vs. SATPATHY CHATTAR

JUDGEMENT

(1.) Heard Mr. H. S. Mishra, learned counsel for the petitioners, Mr. Deepak Kumar, learned Additional Standing Counsel for the State. None appears on behalf of opposite party no.1.

(2.) The petitioners Kusha Kumbhar and Pitambar Gartia have challenged the impugned order dated 12.05.2005 of the learned S.D.J.M., Bargarh passed in I.C.C. Case No.41 of 2005 in taking cognizance of the offences under sections 379/427/34 of the Indian Penal Code and issuing process against the petitioners.

(3.) Learned counsel for the petitioners Mr. H. S. Mishra contended that the petitioner no.2 Pitambar Gartia has not been named either in the complaint petition or in the initial statement of the complainant recorded under section 200 Cr.P.C. and the allegations against the petitioners are vague and no specific overt act has been attributed against any of the petitioners and therefore, basing on such complaint petition, the learned Magistrate should not have taken cognizance of the offences.