Yudhisthir Swain v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV No. 287 of 2017 Yudhisthir Swain ...

Petitioner Mr. B.P. Das, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P.Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

18.11.2022 1.

This matter is taken up through hybrid mode.

Order No.

05.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner challenges the Order dated 07.02.2017 passed by the Learned Judicial Magistrate First Class, BarPali in G.R. Case No. 235 of 2016 whereby he took cognizance of offences under Section-420/406/120(B)/34 of I.P.C. It is submitted that the Court below took cognizance of the offences without application of mind and without correctly interpreting the materials on record.

4.

This Court after considering the submissions and on going through the materials on record feels that the petitioner can raise all such points before the learned Court below by filing appropriate application at the appropriate stage. 5.

The Criminal Revision is therefore disposed of granting liberty to the petitioner to file necessary application before the Court below at the appropriate stage. If such application is filed, the same shall be considered and dispose of in accordance with law.

6.

Accordingly, the CRLREV is disposed of.

7.

Urgent certified copy of this order be granted as per rules. (Sashikanta Mishra) Judge Balaram