BABULA SINGH Vs. STATE OF ORISSA & ANR

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Babula Singh challenging the impugned order dated 25.02.2005 passed by the learned J.M.F.C., Khariar in I.C.C. Case No. 3 of 2004 in taking cognizance of the offences punishable under sections 420/506 of the Indian Penal Code and issuance of process against him.

(2.) The opp. party no.2 Basudev Ghivela filed a complaint petition in the Court of learned J.M.F.C., Khariar against the petitioner, on the basis of which I.C.C. Case No. 3 of 2004 was registered.

(3.) It appears that after submission of the final report, the complainant-opp. party no.2 filed a protest petition and accordingly, the initial statement of the complainant was recorded and inquiry contemplated under section 202 of Cr.P.C. was conducted, during course of which the complainant examined two witnesses. The learned Magistrate after perusing the complaint petition, the initial statement as well as the statements of the witnesses recorded under section 202 of Cr.P.C. found prima facie case for commission of offences under sections 420/506 of the Indian Penal Code and accordingly, took cognizance of such offences which is impugned in this application under section 482 Cr.P.C.