NARESH KUMAR JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking for quashing of the order dtd. 7/4/2008 passed by the learned S.D.J.M., Jajpur in G.R. Case No.1167 of 2006 taking cognizance of the offence under Sec. 294/34 of IPC against the petitioners.

(2.) Heard the learned counsel for the petitioners and the learned counsel appearing for the State-Opposite party no.1. None appeared on behalf of the opposite party no.2 to participate in the hearing.

(3.) As it appears, prior to institution of the aforesaid complaint by the opposite party no.2, the mother of the present petitioners had filed a complaint which on being referred to police by the learned S.D.J.M., Jajpur, was registered as Jajpur P.S. Case No.93 of 2006 corresponding to G.R. Case No.253 of 2006 under Ss. 294, 323, 506/34 of IPC read with Sec. 3 of the S.C. and S.T. (PoA) Act against Prakash Mishra, son of the opposite party no.2 (Informant in G.R. Case No.1167 of 2006) and others. It is alleged that in the aftermath of registration of the said case, there arose a village rivalry and some upper caste people, especially the persons made accused in the aforesaid G.R. case instituted at the instance of the mother of the petitioners, out of grudge foisted false cases including the present G.R. case and one complaint case bearing I.C.C. No.373 of 2006 registered under Ss. 341, 323, 294, 506, 379/34 of IPC against the present petitioners. The said complaint case ended in acquittal as per the order dtd. 9/8/2010 of the learned J.M.F.C., Jajpur. The present case, i.e., G.R. Case No.1167 of 2006 has been registered pursuant to the F.I.R. lodged by the opposite party no.2, vide which it is alleged that the cattle of the petitioners damaged her paddy crops, and when protested, the petitioners went to her house, abused her filthy and outraged her modesty etc. The police, however, on completion of investigation, submitted charge-sheet under Sec. 294/34 of IPC only against the petitioners and the learned S.D.J.M. has taken cognizance of the said offence issuing process against them. The said order is under challenge.