SUNIL PANDEY AND ORS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Aditya Kumar Mohapatra, learned counsel for the petitioners and Mr. Prem Kumar Patnaik, learned Addl. Govt. Advocate for the State.

(2.) In this application under section 482 of Cr.P.C., the petitioners Sunil Pandey @ Sunil Kumar Pandey and Hareram Pandey challenged the impugned order dated 04.06.1998 of the learned S.D.J.M., Balasore in G.R. Case No.727 of 1997 in taking cognizance of offence under sections 407/34 of the Indian Penal Code and issuance of process against them. The said case arises out of Remuna P.S. Case No.99 of 1997.

(3.) It appears that on the first information report submitted by one Nawal Kishore Mishra on 05.06.1997 before the officer in charge of Remuna police station, the case under sections 407/34 of the Indian Penal Code was instituted against one Harendra Pandey and Satendra Pandey, the drivers of the two trucks bearing Registration Nos. UP 65H 8537 and UP 65C 2331. After completion of investigation, charge sheet was submitted against the petitioners and others.