BISWANATH RANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The case of the Petitioner is that originally an FIR i.e. Fategarh P.S. Case No.184 of 2017 was lodged arising out of a very same incident under Ss. 279/304(A) IPC. A charge-sheet had also been filed pursuant to the said investigation and no protest petition was filed by the Informant.

(2.) More than a year thereafter, a petition under Sec. 156(3) Cr.P.C. was filed now alleging that more serious offences under Ss. 341/120(B)/302 read with 34 IPC were attracted.

(3.) The grievance is that overlooking the settled position in law as explained in Babu Venkatesh v. State of Karnataka (2022) 5 SCC 639, the learned J.M.F.C., Khandapada has passed the impugned order dtd. 9/5/2018 in 1.C.C. No.50 of 2018 mechanically asking the IIC of Fategarh Police Station to register a case by treating the complaint petition as an F.I.R.