SATYABRATA PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Order dated 05.11.2012 passed by the learned S.D.J.M., Jharsuguda in 2 (c) C.C. No. 1630 of 2012 taking cognizance of the offence under Sec. 28 (2) of the P.C. & PNDT Act and directing issuance of summon to the petitioner-accused is challenged in this proceeding.

(3.) It is submitted by the learned Counsel for the petitioner that Sec. 28 (2) of the PC & PNDT Act being not a penal provision, no cognizance of the offence can be taken thereunder and, therefore, the impugned order is an out come of non-application of mind by the learned S.D.J.M., Jharsuguda.