MAMATA NAYAK Vs. STATE

JUDGEMENT

(1.) Heard Mr. J. Katikia, learned counsel for the petitioners and Mr. P.K. Mohanty, learned counsel for the State.

(2.) By filing this application under Sec. 482 of the Code of Criminal Procedure ('Cr PC' in short), the petitioners seek to challenge the order dated 29-11-1996 passed by the learned JMFC, Kujang, so far as it relates to issuance of non-bailable warrant ('N.B.W.' in short) against accused Mamata Mohapatra and have prayed for quashing the order to that extent. Further prayer is that the bailable warrant should have been issued against both the petitioners.

(3.) It appears that charge-sheet has been filed in G.R. Case No. 382 of 1996 of the file of the learned JMFC, Kujang on 29-11-1996 and the learned JMFC, Kujang has taken cognizance on 29-11-1996 against accused Paramananda Mohapatra, Latika Mohapatra, Anita Mohapatra and Mamata Mohapatra under Secs 498-A, 302, 304-B/34, IPC. It further appears that accused Smt. Mamata Nayak was granted bail under Sec. 438, Cr PC vide order dated 22-11-1996 passed in Crl. Misc. Case No. 3848 of 1996. An affidavit has been filed by the learned counsel for the petitioners in Court today. Let it be kept on record.