CUTTACK: The Orissa High Court on Thursday posted BJD MLA and former minister Pratap Jena’s petition challenging the order of the court of Judicial Magistrate First Class (JMFC), Salepur that had taken cognisance of offences against him as an accused in the Mahanga double murder case, to December 19.
While refusing to grant an interim stay on proceedings arising out of the JMFC’s order, the Single Judge Bench of Justice BP Routray called for the records connected with the double murder case from the lower court. However, Justice Routray said no coercive action shall be taken by the JMFC against Jena till December 19.
The JMFC’s order issued on September 24 said, “After going through the statements of the complainant, witnesses, and other available materials on record, it found that a prima facie case punishable for the offences under sections 302, 506, 120 B of the Indian Penal Code is made against the accused Pratap Jena.”
Jena has challenged in his petition the validity of the judicial magistrate’s order on grounds of jurisdiction. The judicial magistrate had summoned Jena to appear before it in person on October 31.But appearing through his lawyer, Jena had filed a petition stating that he is unable to appear in person before it due to his illness. The petition said he was under treatment at Capital Hospital where the treating doctor, advised him bed rest for one month.