Pramoda Moharana v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1851 of 2014 Pramoda Moharana ....

Petitioner Mr. H.N. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. Ishwar Mohanty, Addl. Standing Counsel

CORAM:

THE CHIEF JUSTICE

ORDER

15.07.2022 04.

1. The challenge in the present petition is to an order dated 7th Order No.

August, 2012 passed by the J.M.F.C., Nimapara in ICC Case No.209 of 2012 taking cognizance of the offences including under Section 3 of the ST & ST (P.A.) Act against the Petitioner. On the short ground that cognizance under the above provisions of the SC & ST Act could not have been taken by the J.M.F.C., Nimapara but only by the Special Court designated to deal with such offences, the impugned order is set aside. ICC No.209 of 2012 and G.R. Case No.778 of 2012 is now directed to be allocated to the appropriate Court by the District Judge.

2. The matter be placed before the District Judge, Puri for that purpose on 2nd September, 2022.

3. The petition is disposed of in the above terms. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.