GOBINDA CHANDRA KUANR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in this application under S. 482 of the Criminal Procedure Code have prayed for quashing the order dated 29-11-1997 taking cognizance of offence alleged to have been committed under S. 316 of the Penal Code.

(2.) On the basis of an F.I.R. dated 31-5-1996 Dhusuri P. S. Case No. 35 of 1996 was registered against the petitioners for the offences alleged to have been committed under Ss. 451, 506, 323, 325, 316 of the Penal Code read with S. 34 of the said Code. It is alleged in the F.I.R. that on 27-5-1996 in the night while the informant and his father-in-law were taking their dinner, the petitioners abused them, threatened to assault and as a matter of fact assaulted the father-in-law of the informant by fist blows and when the wife of the informant came to the spot she was also assaulted by the petitioner No. 2 on her belly by means of a "Chatu" for which wife of the informant became senseless. As she was pregnant at that time she was shifted to Headquarters Hospital, Bhadrak and there she gave birth to a still born child.

(3.) After investigation, charge-sheet was submitted and the learned S.D.J.M., Bhadrak by order dated 3-10-1997 took cognizance of offence committed under Ss. 341/323 of the Penal Code read with S. 34 of the said Code. Even after the said order was passed, learned A.P.P. appearing on behalf of the State filed an application praying before the Court to take cognizance under S. 316 of the Penal Code and the learned Magistrate by order dated 29-11-1997 took cognizance again from the offence under S. 316 of the Penal Code.