NIRANJAN KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The petitioner, who is the informant in Pattamundai P.S. Case No.110 of 2008 corresponding to G.R. Case No. 230 of 2008 of the Court of learned J.M.F.C., Pattamundai, has preferred this Revision seeking to challenge the order dtd. 3/3/2009 passed by the said Court.

(3.) The brief facts of the case are that the petitioner lodged FIR before Pattamundai Police Station on 19/5/2008 alleging that the accused persons jointly assaulted him by means of a wooden plank and a crowbar causing grievous injuries on his head, arm and other parts of the body. It is further alleged that such assault was made with the intention of killing him. The FIR being registered, was followed by investigation and upon completion thereof, charge sheet was submitted under Ss. 341/323/294/325/34 of IPC. The learned Court below took cognizance of the said offences vide order dtd. 19/1/2009. The petitioner thereafter filed a petition on 2/3/2009 praying for reconsideration of the order dtd. 19/1/2009 and to take cognizance of the offence under Ss. 307/306 of IPC. The said petition came to be rejected vide order dtd. 3/3/2009 on the ground that the injury report of the injured-informant and Sec. 161 Cr.P.C. statement of the witnesses do no make out a case under the said Sec. . Being aggrieved, the petitioner has approached this Court.