SAIDA BIBI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed by the petitioners for quashing of the investigation in Banpur P.S. Case No.43 of 2022 corresponding to G.R. Case No.38 of 2022 in the Court of learned J.M.F.C., Banpur.

(2.) Mr. Chand, learned counsel for the petitioners submits that the F.I.R. dtd. 5/2/2022 has been registered on the allegation of one Ansar Ali, the brother of the deceased and after investigation, the police has submitted charge sheet dtd. 4/6/2022 against the co-accused-Sk.Amir while keeping the investigation open against the petitioners and five months have been elapsed in the meanwhile and no progress has been made in the investigation. He further submits that even accepting the allegations to be true, the offence under Sec. 302 I.P.C. has not been made out against the petitioners.

(3.) Mr. Nayak, learned Additional Government Advocate is directed to obtain the case diary.