ARUN KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Abani Kumar Srichandan, learned counsel for the petitioner and Mr. Prem Kumar Pathak, learned Addl. Government Advocate.

(2.) In this application under section 482 of Crimial P.C. 1973 the petitioner Arun Kumar Sahoo has challenged the impugned order dated 02.11.1992 passed by the learned S.D.J.M., Bhubaneswar in G.R. Case No. 3866 of 1991 in taking cognisance of the offences under sections 147/148/149/341/336/332/427/294/506/120-B of the Indian Penal Code read with section 27 of the Arms Act and section 7 of the Criminal Law Amendment Act which arises out of Sahidnagar P.S. Case No. 781 of 1991.

(3.) The learned counsel for the petitioner contended that the impugned order suffers from non-application of mind and the first information report has been lodged by the Inspector in charge, Sahidnagar Police Station on 03.12.1991 against the students of Utkal University, Vani Vihar. It is further contended that at the relevant point of time, the petitioner was a student of Utkal University and a student leader for which he has been falsely entangled in the case. It is further contended that the allegations are omnibus in nature and there was no clinching materials before the Investigating officer to submit charge sheet against the petitioner which has been done with an oblique motive to harass the petitioner.