TILLOTAMA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present application under Section 482 of the Code of Criminal Procedure, the Petitioner Smt. Tillotama Behera has sought to challenge the order dated 7.6.2005 passed by the learned S.D.J.M., Bhadrak in G.R. Case No. 1205 of 2001 taking cognizance against the present Petitioner along with ten Ors. for the alleged offences under Sections 366-A/376/384/313/506/109/34 of the Indian Penal Code.

(2.) Sri S.K. Sahoo, learned Counsel for the Petitioner states that an F.I.R. was lodged on 10.11.2001 before the Tihidi Police Station by the informant-Puma Chandra Behera alleging therein that one Subash Chandra Behera (brother of the present Petitioner) had kidnapped a minor girl, namely, Gitanjali Behera (daughter of the informant), aged about 13 years on 17.10.2001 while she had been to school. It is further alleged that Subash Chandra Behera kept her at some unknown place and had kept illicit physical relationship with the victim. It appears that Subash Chandra Behera was not present in the village since 17.3.2001 and the villagers apprehended him on 10.11.2004 and produced him before the police.

(3.) Learned counsel for the Petitioner states that prior to taking cognizance. On the basis of supplementary charge-sheet dated 17.5.2005, the victim girl was examined on 20.01.2005 and during such examination on 20.1.2005, she has not alleged any cognizable offence against the Petitioner. She only stated that while Subash Chandra Behera took her one place to Anr. , she had stayed in the matrimonial house of the Petitioner (sister of main accused-Subash Chandra Behera) in the village Asura for 2 to 3 days and she has further stated that after the victim returned from Bombay, she had been received by Subash Chandra Behera and Anr. . She had been brought once again to the house of the Petitioner but the Petitioner did not permit the main accused/victim to reside in her house.