KANDURI BARAD Vs. BHASKAR NAIK

JUDGEMENT

(1.) THE order passed by the learned Judicial Magistrate First Class, Khurda on 21 -12 -1989 in I. C. C. No. 2 of 1988 closing the prosecution case is under challenge in this application filed by the complainant under Sections 401 and 482 of the Code of Criminal Procedure (For short 'Cr. P. C. ').

(2.) ON the complaint filed by the Petitioner, the aforementioned case was registered against the opposite party. The gist of the case of the complainant is that the accused -opposite party had sexual intercourse with the minor daughter of the Petitioner Nayana Dei on several occasions by deceitfully inducing her to believe that she is lawfully married to him. The further case of the Petitioner is that on 18 -10 -1987 at about 8 a.m. the opposite party without the knowledge of the Petitioner and also without the consent of the victim girl took her to Bankoi Hospital, terminated her pregnancy and thereafter kept ' her in the house of one Kubera Champati. Subsequently the Petitioner recovered his daughter with the assistance of the local police at Bankoi. Though the matter was reported at the Bolgarh police station the police failed to take action on the report. Hence the Petitioner filed the complaint in the Court of the learned Magistrate.

(3.) THE grievance of the Petitioner in the revision petition is that the learned Magistrate erroneously, closed the prosecution case without taking appropriate steps for examination of the remaining witnesses cited by the Petitioner in the complaint even though the Petitioner had applied for grant of time to enable him to produce the witnesses for their examination.