NRUSINGHA CHARAN PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application U/S 482 Cr.P.C. by the petitioners seeks to quash the order passed on 23. 08.2023 and 29/9/2019 by the learned S.D.J.M.(S), Cuttack in G.R. Case No.1818 of 2018 and consequently, the entire criminal proceeding arising there from.

(2.) It is clarified that in the aforesaid case, cognizance was taken by an order passed on 29. 09.2019, whereas discharge petition of the petitioners was rejected by the learned S.D.J.M.(S), Cuttack by an order passed on 23/8/2023, but the petitioners had also approached this Court for quashing of the cognizance order passed on 29. 09.2019 in CRLMC No. 4045 of 2022, which was disposed of as withdrawn on 30/8/2023. It is, however, strange but true that the petitioners through their counsel Mr. Gouri Mohan Rath, who was the same counsel for the petitioners in CRLMC No. 4045 of 2022 have furnished the following certificate, 'the aforesaid CRLMC was disposed of as withdrawn with liberty to refile as per order dtd. 30/8/2023' but in fact 'no liberty was granted to the petitioners to refile' in the aforesaid order passed by this Court on 30/8/2023.

(3.) The facts are precise that petitioners are the father-in-law and mother-in-law of the informant-cum-bride and the petitioners were charge sheeted in Cuttack Mahila P.S. Case No. 93 of 2018 for offence U/S 498-A/ 294/ 506/34 of the IPC read with Sec. 4 of D.P. Act and cognizance was taken by one of the impugned order passed on 29/9/2019 for the self same offences. The petitioners, however, file a discharge petition in the learned trial Court after disposal of CRLMC No. 4045 of 2022 and the same was rejected by way of the other impugned order passed on 23/8/2023. Being aggrieved with the aforesaid orders, the petitioners have approached this Court in the CRLMC.