PRADEEP CHANDRA DEO Vs. KHUSIRAM SHARMA

JUDGEMENT

(1.) ACCUSED is the Petitioner invoking the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashing the charge framed against him by the learned Sub -Divisional Judicial Magistrate, Cuttack.

(2.) THE charge against the accused read as follows:

(3.) TAKING cognizance the learned Magistrate summoned him to appear. Non -appearance compelled the trial court to issue non Bailable Warrant of Arrest. The same could not be executed by the Police for a long time and at last the accused appeared on 1 -10 -1985 which was not a date fixed. Releasing the accused on bail, the learned Magistrate allowed him to be represented for each day. The complainant was examined and cross -examined before charge as P.W. 1 on 9 -1 -1986 and P.W. 2 was examined and cross -examined before charge on 21 -1 -1986 when the case was posted to 30th January, 1986 for consideration of framing charge. On the date fixed after giving opportunity to the accused of being heard, charge was framed. The order of 30 -1 -1986 reads as follows: