ASHOK KUMAR SETH Vs. STATE OF ORISSA

JUDGEMENT

(1.) :- Perused the letter of the wife of the petitioner. The sum total of the contents in that letter is failure of the settlement which had been made between the parties on the efforts of this Court. The rest of the allegations are matters for her to take up appropriate legal action in appropriate forum.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel, and this application under Section 482, Cr.P.C. is disposed of in the following manner.

(3.) Petitioner's prayer is to quash the order of cognizance in G. R. Case No. 284 of 2000 of the Court of S.D.J.M., Talcher. It appears from that order dated 13-9-2002 of learned S.D.J.M. that he has taken cognizance of the offence under Ss. 452/363/34, I.P.C. on the allegation that the petitioner came to the house of his father-in-law and took away the child from the custody of his wife and in that process used some criminal force. Learned counsel for the petitioner, Mr. Dey argues that there was no intention nor any occurrence of use of criminal force, and a fabricated allegation has been made to add gravity to the allegation. This Court is not inclined to go into that aspect at this stage of the proceeding, because the allegation prima facie makes out a case under Section 452, I.P.C. However, at the stage of consideration of charge or trial, petitioner if so advised, may plead about his innocence by bringing appropriate evidence on record either through the P.Ws. or by adducing defence evidence.