SUSHREE SANGEETA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner by way of this application U/S 482 Cr.P.C. challenges the impugned order taking cognizance of offence and other consequential orders passed by the learned S.D.J.M., Bhubaneswar in C.T. Case No. 4175 of 2021.

(2.) According to the petitioner, the O.P.No.2 was a tenant in her house on rent, but since O.P. No.2 was involved in immoral activities, the petitioner asked her to vacate her house, but the O.P. No.2 did not respond and on the relevant day, when the petitioner asked the O.P. No.2 to leave her house, OP NO.2 became infuriated and scolded her in filthy language and the matter was recorded in the CCTV installed by the petitioner and accordingly, the O.P. No.2 lodged an F.I.R. against the petitioner before the I.I.C. Laxmisagar P.S., who registered P.S. Case No. 241 dtd. 3/8/2021 and entrusted the investigation to the lady S.I.(LSI) Priaydarsini Behera, who in the course of investigation, found the petitioner to have assaulted and tried to kill by pressing her neck, lodged another F.I.R. against the petitioner, which was registered vide Laxmisagar P.S. Case No. 242 of 2021 and accordingly, the petitioner was arrested and forwarded in one case and remanded in other case. On completion of investigation, charge sheet was filed against the petitioner in Laxmisagar P.S. Case No. 241 of 2021 and accordingly, cognizance was taken by the learned S.D.J.M, Bhubaneswar and process was issued against the petitioner.

(3.) The short ground under which the petitioner challenges the criminal proceeding against her in C.T. Case No. 4175 of 2021 arising out of Laxmisagar P.S. Case No. 241 of 2021 is that the I.O. in this case being the victim-cum-informant in Laxmisagar P.S. case No. 242 of 2021 should not have been allowed to continue with the investigation of the present case and thereby, the charge sheet filed by her (L.S.I. Priyadarsini Behera) in this case suffers from bias and prejudice.