BHAGIRATHI JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned Additional Government Advocate appearing for the State. Perused the record.

(2.) Order dated 12.5.2010 passed by the learned J.M.F.C, Puri in G.R. Case No. 112 of 2008 directing issuance of summons to the present petitioners in exercise of power under Section 319, Cr.P.C. has been assailed in this application under Section 482. Cr.P.C.

(3.) In the aforesaid G.R.Case. one Sanju @ Sanjukta Jena who is the sole accused, is facing the trial for alleged offences under Sections 341/ 323, IPC. During course of evidence, PWs 1 to 6 did not at all implicate the present petitioners in the commission of the offences but deposed about the involvement of the sole accused Sanjukta in the alleged offences. PW7, who is the informant lodged the FIR alleging that the accused, Sanjukta along with the petitioners attacked and assaulted her. PW8 who is a member of the village committee, as per the version of the informant, was present on the spot at the time of occurrence. During course of investigation PW8 in his statement before the Investigating Officer did not implicate any of the petitioners in the commission of offences. The only person implicated by him is the sole accused, Sanjukta. PWs 7 and 8 in their evidence in Court ascribed different roles to the petitioners in the matter of commission of offences stating about their involvement.