KALIA @ KALANDI CHANDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) EVEN though this matter is listed to date for admission, on consent and request of learned counsel for both the sides. It is taken up for final disposal and the following order is passed.Heard.

(2.) THE petitioners have challenged the order dated 23.6.2007 passed by the learned S.D.J.M., Kamakhyanagar in G.R. Case No. 389 of 2006 wherein he took cognizance of the offence under Sections 279/304/109 of I.P.C. read with Section 181 of the M.V. Act. even though on the same facts and circumstances, earlier he had taken cognizance under section 279/304(A)/109 of I.P.C. read with section 181 of M.V. Act vide order dated 3.11.2006.

(3.) I am one with the submission made by learned counsel for the petitioner. Accordingly, the CRLMC is allowed and the order of taking cognizance dated 23.6.2007 passed by the court of learned S.D.J.M., Kamakhyanagar is hereby quashed and the case shall proceed against the petitioners for the offence under Sections 279/304 -A/109 of I.P.C. read with section 181 of M.V.Act. Accordingly the CRLMC is disposed of. Remit back the L.C.R. forthwith.