BALLAV NARAYAN LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This petition has been filed challenging the order dated 22-7-2004 by which the process pending under Ss. 82 and 83 of the Code of Criminal Procedure against the petitioner has been ordered to be enforced and the personal appearance of the petitioner has not been dispensed with under S. 205, Cr. P.C.

(2.) It appears that the petitioner is an accused in G.R. Case No. 557 of 1997 pending in the Court of learned Sub-Divisional Judicial Magistrate, Bhadrak. After taking cognizance against the petitioner for the offences punishable under Ss. 379/328/34, I.P.C., the learned Magistrate has issued N.B.W. against the petitioner and when he did not turn up proclamation u/Ss. 82 and 83, Cr. P.C. was issued which was challenged by the petitioner before this Court in Crl. Misc. Case No. 808 of 2004. It appears that this Court quashed the same vide order dated 6-5-2005 with the observation that the rest of the order is not interfered with.

(3.) In pursuance of the above mentioned order of this Court, the learned Magistrate has observed in his impugned order that since the N.B.W. issued against the petitioner has been quashed and rest of the order has been maintained, therefore, proceedings under S. 82 and 83, Cr. P.C. shall remain pending against the petitioner and shall be executed.