(1.) THE petitioners, namely, Khageswar Sunani and his wife Smt. Subasini Sunani (parents of one Lingaraj Sunani) have filed the petition under Section 482 Cr.P.C. with a prayer to quash the order dated 08.09.2010 passed by the learned S.D.J.M., Talcher in G.R. Case No.527 of 2007 arising out of Colliery P.S. Case No.152 of 2007 taking cognizance of the offences under Sections 498-A/304/34 I.P.C. and issue of process against them along with other accused persons.
(2.) SHORN of unnecessary detail the relevant facts of the present case is that one Suresh Chandra Pradhan (informant) lodged a written report on 22.7.2007 claiming therein that his daughter Sujata had died an unnatural death, on the basis of which Collieary P.S. Case No. 152 of 2007 was registered against the petitioners and others initially under Sections 364-A/302/34 I.P.C. The body of the deceased-Sujata was lying in the hospital and hence, the same was sent for post- mortem. The doctor who conducted post-mortem on 23.7.2007 reserved his opinion as to the cause of death till receipt of the chemical examination report of the viscera which had been sent to the State Forensic Science Laboratory, Bhubaneswar. It appears in the present case that the Investigating Officer examined various witnesses but without awaiting/collecting the viscera report and the opinion of the doctor who conducted post- mortem regarding the possible cause of death of deceased-Sujata, submitted Charge-sheet bearing No.166 on 10.8.2010 against the petitioners and others under Sections 498-A/306/34 I.P.C.
(3.) IN the circumstances as noted hereinabove, I am of the considered view that the order of cognizance dated 8.9.2010 passed by the learned S.D.J.M., Talcher in G.R. Case No.527 of 2007 taking cognizance under Sections 498-A/306/34 I.P.C is required to be quashed in order to secure the ends of justice since the same amounts to an abuse to the process of the court and this Court orders accordingly with the following directions: