Cuttack, Mar 12 (UNI) A local court here today refused to take cognizance the complaints filed by Sub Collector against Higher Education Minister Samir Dey under section 177 of IPC for furnishing false affidavits during the filing of nomination in 2004 Assembly elections.
In his judgment, Sub Divisional Judicial Magistrate Srikand Mishra observed that there has been inordinate delay in filing the complaint against Mr Dey and no satisfactory reasons had been cited by the complainant explaining the delay.
The SDJM further observed that the circumstances clearly indicated that the complaint has been filed against Mr.Dey with some malafide and motivated intention.
The Judge said considering the conduct of the complainant, he was not inclined to take any cognisance of the complaint filed against the Minister.
Mr Dey, while filing his nomination in 2004 Assembly elections, had furnished affidavits stating that no case was pending against him in which the court had taken any cognizance.
The Orissa Chief Electoral Officer however, had asked Cuttack Collector on January 8, 2007 to file a complaint against Mr.Dey for submitting false affidavit during the filing of nomination although the Cuttack Sub Collector on May 30,2006 submitted that no false information had been furnished by Mr.Dey during filing of nomination Though the CEO had stipulated that the case should be filed before January 22,2007, the complaint against Mr Dey was filed on March 9,2007 much after the expiry of the stipulated date.
The SDJM, while refusing to take cognizance of the complaint against Mr Dey observed that he is inclined to hold that it will be not in the interest of the justice to condone the delay and deny the right accrued in favour of the accused under section 468 of the IPC.
Moreover, no petition for condone the delay has been filed by the complaint before the court, the Judge said and ordered that he is not inclined to take any cognizance of the complaints filed against Mr Dey.
UNI
In his judgment, Sub Divisional Judicial Magistrate Srikand Mishra observed that there has been inordinate delay in filing the complaint against Mr Dey and no satisfactory reasons had been cited by the complainant explaining the delay.
The SDJM further observed that the circumstances clearly indicated that the complaint has been filed against Mr.Dey with some malafide and motivated intention.
The Judge said considering the conduct of the complainant, he was not inclined to take any cognisance of the complaint filed against the Minister.
Mr Dey, while filing his nomination in 2004 Assembly elections, had furnished affidavits stating that no case was pending against him in which the court had taken any cognizance.
The Orissa Chief Electoral Officer however, had asked Cuttack Collector on January 8, 2007 to file a complaint against Mr.Dey for submitting false affidavit during the filing of nomination although the Cuttack Sub Collector on May 30,2006 submitted that no false information had been furnished by Mr.Dey during filing of nomination Though the CEO had stipulated that the case should be filed before January 22,2007, the complaint against Mr Dey was filed on March 9,2007 much after the expiry of the stipulated date.
The SDJM, while refusing to take cognizance of the complaint against Mr Dey observed that he is inclined to hold that it will be not in the interest of the justice to condone the delay and deny the right accrued in favour of the accused under section 468 of the IPC.
Moreover, no petition for condone the delay has been filed by the complaint before the court, the Judge said and ordered that he is not inclined to take any cognizance of the complaints filed against Mr Dey.
UNI
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