NARENDRA KUMAR GOCHHAYAT AND ORS. Vs. PRATIMA LENKA

JUDGEMENT

(1.) ON consent of learned Counsel for both the parties, it is taken up for disposal at the stage of admission.

(2.) THE Petitioners challenge the judgment passed by the learned Addl. Sessions Judge, Jagatsinghpur in Criminal Revision No. 17 of 2006 allowing the revision and directing the S.D.J.M., Jagatsinghpur to take cognizance of the offence under Section 354/34, Indian Penal Code, 1860, hereinafter referred as 'the Penal Code' and to issue process against the present Petitioners in 1 C.C. No. 78 of 2006.

(3.) THE Petitioners submitted that the materials on record do not reveal a prima facie case under Section 354/34, I.P.C. in view of the fact that the parties are at dispute and a number of cases are pending. He also contended that while exercising the jurisdiction under Section 397 of the Code, the learned Addl. Sessions Judge committed error on record by directing the S.D.J.M, to take cognizance instead of resorting to the provisions under Section 398 of the Code to give a direction to the Chief Judicial Magistrate or any other Magistrate working under him to make further enquiry, Learned counsel for the opposite party, on the other hand, supported the finding recorded by the learned Addl. Sessions Judge and prayed to dismiss the revision application.