LAWS(ORI)-2022-2-45

RASHMI RANJAN ROUT Vs. STATE OF ODISHA

Decided On February 18, 2022
Rashmi Ranjan Rout Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) Instant application is filed under Sec. 482 Cr.P.C. by the petitioners challenging the order of cognizance dtd. 7/6/2010 passed in C.T. Case No.18 of 2010 by the learned J.M.F.C., Narasinghpur punishable under Sec. (s) 498-A/294/323/307/506 and 34 IPC read with Sec. 4 of the D.P. Act on the grounds, inter alia, that it is not tenable in law and therefore, liable to be quashed.

(3.) Ms. S. Pattanaik, learned counsel for the petitioners submits that on a bare perusal of the F.I.R. and considering the materials on record, no case is, prima facie, made out especially with regard to an offence punishable under Sec. 307 IPC, inasmuch as, the victim informant received no grievous injuries on her person but then, the learned court below without considering the same has taken cognizance of an offence under Sec. 307 IPC as well and therefore, it deserves with interfered with in exercise of inherent jurisdiction of this Court under Sec. 482 Cr.P.C.