KHETRAMOHAN MAJHI Vs. STATE OF ORISSA AND ANOTHER

JUDGEMENT

(1.) This is an application under section 482 of the Cr.P.C. filed by the petitioner Khetramohan Majhi challenging the impugned order dated 11.09.2000 passed by the learned S.D.J.M., Bhadrak in I.C.C. Case No.342 of 2000/T.R. No.1407 of 2000 in which after perusing the complaint petition filed by the complainant-opposite party no.2 Ghanasyam Majhi and after going through the initial statement of the complainant recorded under section 200 Cr.P.C., the learned Court found prima facie case under sections 447, 506 read with section 34 of the Indian Penal Code and accordingly, took cognizance of such offences and issued process against the petitioner.

(2.) The petitioner filed a petition on 24.10.2000 though his advocate to recall of the order of taking cognizance. The learned S.D.J.M., Bhadrak considered such petition and vide order dated 19.03.2001 has been pleased to dismiss the petition.

(3.) The petitioner preferred a revision against the order dated 19.02001 passed by the learned S.D.J.M., Bhadrak which was heard by the learned Additional Sessions Judge (Fast Track Court), Bhadrak in Criminal Revision No.21 of 2001 and vide order dated 20.01.2005, the learned Revisional Court relying upon the ratio laid down in the case of Adalat Prasad v. Rooplal Jindal and others reported in (2004) 29 Orissa Criminal Reports (SC) 264 has been pleased to hold that the learned Magistrate has no power to recall the order of taking cognizance and accordingly, dismissed the revision petition.