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2006 DIGILAW 271 (ORI)

PITABAS MAHARATHA v. STATE OF ORISSA

2006-04-04

A.S.NAIDU

body2006
JUDGMENT : A.S. Naidu, J. - Heard Learned Counsel for Petitioners and Learned Counsel for the opposite parties. 2. Invoking inherent jurisdiction of this Court u/s 482, Code of Criminal Procedure the Petitioners have approached this Court with a prayer to quash the notice dated 19.1.2006 issued against them by the Executive Magistrate, Criminal Court, Kanas in Misc. Case No. 36 of 2005, initiated u/s 107, Code of Criminal Procedure Relying upon a decision of this Court reported in (1994) 7 OCR 184 (Bira Dalei and Ors. v. State of Orissa), Learned Counsel for the Petitioners submits that issuing printed notice to a party without disclosing the relevant allegations is an empty formality. In the said decision this Court stated that the contents of the allegations should be clearly and in substance indicated in the notice so as to enable the person concerned to give a reply to the allegations made. He further submitted that as the impugned notice is only a printed form without disclosing in substance the allegations levelled against the Petitioners without enclosing thereto the report submitted by the IIC of Kanas P.S., the Petitioners are put to unsurmountable prejudice as they are not aware to what they are to reply. 3. After hearing the Learned Counsel for the Petitioners and perusing the impugned notice, I have no hesitation to quash the said notice, and I direct accordingly. I further direct the Executive Magistrate concerned to dispose of the aforesaid Misc. Case strictly in consonance with law in the light of the ratio of the decision in the case of Bira Dalei (supra). Ordered accordingly.