RAMESH CHANDRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD.

(2.) THE petitioners challenge the order dated 8. 3. 2003 passed by the JMFC, Aska in G. R. Case No. 390 of 2002 taking cognizance of the offence punishable under section 493/417 of IPC against petitioner No. 1 and under Section 417/109 of I. P. C. against petitioner Nos. 2 and 3.

(3.) LEARNED counsel for the petitioners submits that even if the allegation depicted in the complaint petition which was treated as F. I. R. , is believed to be true in its entirety, still then the offence under Section 493 of i. P. C. cannot be made out against petitioner no. l. However, he fairly submits that there is material to proceed with under Section 417 of I. P. C. against him. Learned counsel for the petitioners further submits that the offence under Sections 417/109 of I. P. C. cannot be attracted against petitioner Nos. 2 and 3, even if the entire-allegation made against them is accepted in its face value. Learned Additional Government Advocate supports the impugned order.