SURENDRA KUMAR @ SURENDRA ROUTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners have filed the present application under Section 482 Code of Criminal Procedure with a prayer to quash the proceeding in G.R. Case No. 1085(A) of 2006 arising out of Jajpur P.S. Case No. 236 of 2006 pending in the Court of learned S.D.J.M., Jajpur.

(2.) The brief facts leading to the present case is that one Narendra Rout @ Routray, brother of Petitioner No. 1 -Surendra Kumar @ Surendra Routray, had married to Nandini Biswal in the year 2006 and her father Natabara Biswal lodged an F.I.R. and the same has been registered as Jajpur P.S. Case No. 236 of 2006 under Sections 498(A)/302/304(B)/34 I.P.C. and Section 4 of the D.P. Act. In course of investigation, charge-sheet was submitted under Sections 498(A)/304(B)/306/34 I.P.C. and 4 of D.P. Act against all the accused persons. The case of the husband of the deceased-Nandini, namely, Narendra Rout was split-up and he faced trial in ST. Case No. 46 of 2007 where he was acquitted by the Court of learned Additional District and Sessions Judge, Jajpur on 28.3.2008.

(3.) Learned Counsel for the Petitioners asserted that in view of the fact that the main accused, namely, Narendra Rout (husband of the deceased-Nandini) has been acquitted, no purpose would be served in prosecuting the present Petitioners who had been implicated in the case being related to the main accused-Narendra Rout. Apart from the same, learned Counsel for the Petitioners asserted that none of the witnesses have supported the case of the prosecution and, therefore, no real purpose would be served by continuing the criminal proceeding against the present Petitioners.