T BHAGI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order of the learned Judicial Magistrate First Class Banpur, in Criminal Misc. Case No. 35 of 1995 taking cognizance of an offence under Section 344 of the Code of Criminal Procedure (hereinafter referred to as "the Code") is challenged in this application under Section 482 of the Code. As this order taking cognizance is a consequence of the direction issued in G. R. Case No. 304 of 1994, wherein the learned Magistrate formed an opinion and recorded satisfaction for initiation of prosecution under Section 344 of the Code, the prayer is for quashing of both.

(2.) The factual back-drop portrayed by the petitioner is as follows :

(3.) Mr. R. K. Nayak, the learned counsel for the petitioner raises the following contentions :-