Orissa High Court
CRLMC/543/2006 on 29 May, 2020
Author: S.Pujahari
Bench: S.Pujahari
CRLMC No.543 of 2006 09. 29.05.2020 This is an application filed under Section 482 of Cr.P.C. seeking for setting aside the order dated 02.11.2005 passed by the learned Addl. Sessions Judge, Kendrapara in Revision Petition No.14 of 2005, vide which the order dated 21.05.2005 passed by the learned J.M.F.C., Kendrapara in G.R. Case No.361 of 2005 against the present petitioner has been quashed. 2. I have heard the learned counsel appearing for both the sides and perused the impugned order and other relevant papers on record. 3. As it appears, on 21.05.2005 while the Presiding Magistrate, i.e., S.D.J.M., Kendrapara was availing Summer Vacation, the Magistrate In-Charge of the Court of the S.D.J.M. registered the grievance petition made by the accused in G.R. Case No.361 of 2005 as a complaint, recorded the initial statement of the complainant under Section 200 of Cr.P.C. and adjourned the matter to 01.06.2005 for the purpose of inquiry under Section 202 of Cr.P.C. As observed by the learned Addl. Sessions Judge, Kendrapara 2 Contd......... vide the impugned order, the learned J.M.F.C. being 29.05.2020 in temporary charge of the Court of the S.D.J.M., Kendrapara had no jurisdiction to take the above action which amounted to taking cognizance of the offences and initiation of the proceeding against the accused-petitioners. In paragraph-9 of the impugned order, the learned Addl. Sessions Judge has further noted that there was no material on record to show that the learned J.M.F.C. had been authorized by this Court or the C.J.M. concerned, to take cognizance of offences in the cases instituted in the Court of the SDJM, Kendrapara. The learned Addl. Sessions Judge while exercising the revisional jurisdiction found the action taken by the learned J.M.F.C. to be illegal being beyond his jurisdiction, and quashed the order dated 21.05.2005 of the learned J.M.F.C., pursuant to which, the grievance petition dated 20.05.2005 of the accused in G.R. Case No.361 of 2005 was registered as complaint with the initiation of the proceeding. Since this Court does not find any apparent illegality or impropriety 3 Contd......... in the impugned order, the same calls for no 29.05.2020 interference. 4. In the result, this CRLMC being devoid of merit stands dismissed. L.C.R. along with a copy of this order be sent back forthwith. ........................... S.Pujahari, J.
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