CHANDAN KUMAR BHARATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant petition under Sec. 482 Cr.P.C. is filed by the petitioner assailing the impugned order of cognizance dtd. 9/11/2021 under Annexure-3 and also to quash the criminal proceeding in connection with GR Case No.550 of 2021 pending in the file of learned J.M.F.C, Banarpal corresponding of Angul P.S Case No.275 dtd. 25/5/2021 on the grounds stated therein.

(2.) Briefly stated, opposite party No.2 lodged an F.I.R alleging therein that she married to the petitioner in the year 2017 but thereafter, was subjected to physical assault and torture and was also threatened to be killed, for which, had to flee to her parental house on 14/4/2021. It is further alleged that the petitioner and his elder brother arrived at her parent's house and abused and even assaulted her n a particular date. The details of the incident are described in the report, consequent upon which, Angul P.S Case No. 275 was registered under Ss. 498-A, 294, 323, 506 read with Sec. 34 IPC besides Sec. 25 Arms Act. Later thereto the chargesheet was submitted in 2021 on completion of investigation, whereupon, the learned court below took cognizance of the alleged offences vide Annexure-3. The said order under Annexure-3 as well as the entire of the proceeding in connection with G.R. Case No.550 of 2021 is under challenge and sought to be quashed in exercise of the Court's inherent jurisdiction.

(3.) Heard Mr. Sahoo, learned Senior Advocate appearing for the petitioner, Mr. Mohapatra, learned ASC for the State and Mr. Panigrahi, learned counsel for opposite party No.2.