DIBAKAR BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) 19. 06. 2008 - Heard learned counsel for the parties. The petitioner, who has been arrayed as a delinquent in CMC No. 467 of 2007 in the court of learned Executive Magistrate, criminal Court, Baripada, has fired this petition challenging the order initiating the proceeding under Section 107, Cr. P. C. against her basically on the plea that the executive Magistrate before initiating the proceeding and issuing show cause notice did not undertake any inquiry for his satisfaction and that relying only on the police report he initiated the proceeding and issued show cause notice.

(2.) MR. Bhoi, learned counsel for the petitioner relying on the case of Chandramani Nayak v. State1 reiterates the stand of the petitioner.

(3.) MR. Pradhan, learned counsel for opposite parties, on the other hand, supports the impugned order and notice Annexure-1 and 2.