RAMESH CHANDRA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Some of the members of second party in a proceeding under S. 107 of the Code of Criminal Procedure (hereinafter referred to as the "Code") initiated by the Executive Magistrate, Ranpur, numbered as Criminal Misc. Case No. 48 of 1994 have filed this application under S. 482 of the Code praying for quashing the proceeding.

(2.) The petitioners have filed a copy of the notice served on petitioner No. 2 as Annexure-1 and contended that an order has been passed mechanically by the Executive Magistrate calling upon the second party members to show cause without explaining the substance of information and without furnishing a copy of the information. It is contended that the proceeding has been initiated without application of judicial mind and without making an inquiry into the matter. It is also contended that the notice which was served on petitioner No. 2 was a cyclostyled one and this indicates the lack of application of mind on the part of the Executive Magistrate. In support of his contention, the learned counsel has placed reliance on the decisions of this Court reported in (1987) 63 CLT 10 : (1988 Cri LJ 286) (Bairagi Charan Jena v. State of Orissa) and (1987) 64 CLT 273 : (1988 Cri LJ 218) (Rama Chandra Jana v. Muralidhar Onjha).

(3.) Section 107(1) of the Code reads as follows :-