AI Structured Summary
Not yet generated for this judgment
Judgment
P.K. Tripathy, J.—Accused Nos. 2 and 4 in I.C.C. No. 214 of 1996 of the Court of S.D.J.M.. Bhubaneswar have invoked the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India with the prayer to quash the order of cognizance dt. 4.11.1997 as well as the complaint vide the aforesaid complaint case on the ground of absence of a primafacie case as against them and illegal exercise of jurisdiction by the learned S.D.J.M. by issue of process against them.
Though argument in this case was advanced together with the Crl. Misc. Case No. 3021 of 1998 but this O.J.C. is disposed of separately because of the following reasons.
Crl. Misc. Case No. 3021 of 1998 filed by the Petitioners was with the prayer to invoke the inherent power u/s 482, Code of Criminal Procedure claiming the same relief. That forum being available to the Petitioner, they are not eligible to invoke the writ jurisdiction of this Court on the basis of the settled principle that writ jurisdiction shall not be invoked when alternative remedies are available. Accordingly, the O.J.C. stands dismissed being not maintainable in the aforesaid facts and circumstances. For the purpose of record it is noted that the aforesaid application u/s 482, Code of Criminal Procedure has been considered and allowed as per the judgment delivered on 14.3.2002.