Cuttack, July 18: Orissa High Court today reopened a case involving submission of a false pre-poll affidavit, an offence under Section 177 of the IPC, by the state higher education minister Samir Dey.

On March 12, the court of the subdivisional judicial magistrate (sadar), Cuttack, had declined to take cognisance against Samir Dey on the basis of the complaint filed by the state, as it was time-barred. The order was challenged in the high court by invoking Section 469 of the CrPC.

“The single judge bench of Justice L.K. Mohapatra admitted the petition today and called for the lower court records, while issuing notices to Samir Dey,” the state Election Commission counsel Malaya Kumar Sarangi told The Telegraph.

The SDJM (sadar), Cuttack, Srikant Mishra, had in his order said: “Though prima facie, the offence under Section 177 of the IPC is made out against Samir Dey, cognisance could not be taken as there was inordinate delay and deliberate lapses on the part of the sub-collector, Cuttack, to file complaint on time.”

While filing nomination for the Cuttack seat, on April 4, 2004, Dey alleged that no case was pending against him.