LAXMIDHAR BARIK Vs. STATE OF ORISSA & ORS

JUDGEMENT

(1.) Heard Mr. Prasanna Kumar Mishra, learned counsel for the petitioner and Mr. Prem Kumar Pattnaik, learned Additional Govt. Advocate for the State and Mr. Banamali Sahoo, learned counsel appearing for opposite parties nos.2 and 3.

(2.) The petitioner Laxmidhar Barik in this application under section 482 of Cr.P.C. has challenged the impugned order dated 24.04.2012 passed by the learned J.M.F.C., R. Udayagiri in G.R. Case No.123 of 2011 in taking cognizance of offences under sections 409/34 of the Indian Penal Code and section 7 of the Essential Commodities Act and issuance of process against him. The said case arises out of R. Udayagiri P.S. Case No.33 of 2011.

(3.) The first information report in the case was lodged by one Bikram Majhi, CSO -cum- District Manager, OSCSC Ltd., Gajapati before Inspector in charge of R. Udayagiri police station, on the basis of which R. Udayagiri P.S. Case No. 33 dated 27.09.2011 was registered under section 7 of Essential Commodities Act against the petitioner who was the Sales Asst. -cum- Godown Asst., R. Udayagiri and after completion of investigation, charge sheet was submitted on 31.02012 under sections 409/34 of the Indian Penal Code and section 7 of the Essential Commodities Act against the petitioner and three others namely Rama Chandra Behera, Gobardhan Behera and Rajendra Sahoo.