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Judgment
R.N. Biswal, J.—Even though the case was listed to-date for admission, on the request and consent of Learned Counsel for both the parties, the case is taken up for final disposal.
Heard.
The Petitioners who are accused in C.T. No. 1707 of 2004 of the offence under Sections 147/148/294/325/307/149 pending before the Court of S.D.J.M., Balasore, have challenged the order of cognizance dated 10.3.2005 wherein besides taking cognizance under Sections 294/325/307 of I.P.C., cognizance has also been taken under Sections 147/148/149 of I.P.C. In other words they have challenged the order of taking cognizance under Sections 147/148/149 of I.P.C. only.
Learned Counsel for the Petitioners submits that as found from the charge sheet, altogether four accused persons (Petitioners) have been charge sheeted and cognizance has also been taken against them only. Since four accused persons cannot form an unlawful assembly the Trial Court ought not have taken cognizance under Sections 147/148/149 of I.P.C. against them. I am in one with the submission of Learned Counsel for the Petitioners in this regard.
In the result, the order of taking cognizance under Sections 147/148/149 is hereby quashed. In place of "Section 149 of I.P.C." cognizance shall taken "under Section 34 of I.P.C."
Accordingly the CRLMC is disposed of.
Urgent certified copy of this order be granted on proper application.