LAWS(ORI)-2008-7-48

GOBINDA CHANDRA MALLIK Vs. STATE OF ORISSA

Decided On July 28, 2008
Gobinda Chandra Mallik Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD Mr. J. R. Dash, learned counsel for the petitioners and Mr. Mishra, learned counsel for the Caveator -opp.party as well as learned counsel for the State.

(2.) IN this application under Section 482 Cr.P.C., the petitioners have challenged the order dated 28.6.2004 passed in G.R. Case No.1182 of 2003 by which the learned S.D.J.M., Jajpur took cognizance of the offence under Section 188 I.P.C. against the petitioners.

(3.) A bare reading of the aforesaid section clearly shows that the initiation of the proceeding as a police case is itself contrary to the aforesaid section 195 Cr.P.C. inasmuch as the said section creates a total bar with regard to taking cognizance of the offence under Section 188 IPC subject to the exception. This case admittedly having been initiated as a police case on F.I.R. being lodged, does not come under the exception to Section 195 Cr.P.C.