MANISH AGARWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Common questions of law and fact are involved in both these applications filed under Sec. 482 of Cr.P.C. Thus, both were heard together and are being disposed of by this common judgment.

(2.) The Petitioners are accused in G.R. Case No.850/2020 corresponding to Malkangiri P.S. Case No.401/2020 pending in the Court of learned S.D.J.M., Malkangiri. In the present applications, they seek to challenge the order dtd. 19/12/2022 passed by learned S.D.J.M., in taking cognizance of the offences under Ss. 302/506/201/204 read with Sec. 120-B/34 of the I.P.C. They further challenge the order dtd. 11/1/2023 passed by learned S.D.J.M., directing the complainant to file requisites and the summons dtd. 13/1/2023 issued by the learned S.D.J.M. to them.

(3.) One Deba Narayan Panda (deceased) was working as Personal Assistant to the then Collector, Malkangiri (Petitioner in CRLMC No.551/2023). He went missing on 27/5/2019 while on duty. On being informed, the I.I.C. of Malkangiri P.S. made a Station Diary Entry vide SDE No.78/2019 followed by search for the missing person. On the next day, i.e. on 28/12/2019, the dead body of the deceased was recovered from the Satiguda dam site by the fire personnel. Accordingly, Malkangiri P.S. U.D. Case No.44/2019 was registered on the basis of written report of one Durga Madhab Panda, elder brother of the deceased. In course of enquiry, inquest was held and post mortem was conducted by a team of doctors. The Post Mortem report disclosed the cause of death as ante-mortem drowning and its complications. It also revealed that the dead body did not have any injury or mark of violence. The viscera report indicated that no poisonous compound, alcohol and drugs could be detected.