KAILASH CHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present petition has been filed by the accused challenging the order dated 1.9.1998 passed by the Chief Judicial Magistrate, Cuttack, in G.R.Case No. 1325 of 1992 rejecting the application of the petitioner Under Section 205, Code of Criminal Procedure, 1973 (in short, the 'Cr.P.C').

(2.) THE petitioner is facing trial in the Court of the Chief Judicial Magistrate under Sees. 409, 477A and 120B, Indian Penal Code (in short, the 'IPC') alongwith Section 205, Cr.P.C. supported by certificate of a doctor on the ground that he had been advised absolute bed -rest and was not in a position to move. The said petition was rejected by the Chief Judicial Magistrate mainly on the ground that the period for bed - rest advised by the doctor was already over. - -