(1.) Instant petition under Sec. 482 Cr.P.C. is filed by the petitioner questioning the legality and judicial propriety of the criminal proceeding in connection with G.R.Case No.413 of 2012 pending in the file of learned SDJM, Koraput corresponding to Jeypore, Mahila P.S. Case No.26 of 2012 registered under Ss. 498-A, 293,323,406 and 506 read with 34 IPC besides Ss. 4 and 6 of the Dowry Prohibition Act.
(2.) As made to reveal from the record, the informant-opposite party No.2 lodged an FIR dtd. 26/7/2012, as a result of which, Jeypore Mahila P.S. Case No. 26 was registered under the alleged offences. In the said FIR as at Annexue-1, opposite No.2 described about the details of the ill-treatment, she was meted out in the hands of the petitioner and other accused persons including her husband since her marriage in 2009. It has been alleged therein by the informant that the husband-accused barely few days after their marriage subjected her to mental cruelty so also her parents-in-law. The allegation in Annexure-1 implicates the petitioner, who happens to be the brother-in-law of opposite party No.2, besides his sister (informants' sister in-law). After the report was lodged, local police conducted investigation which finally resulted in submission of chargesheet against all the accused persons including the petitioner. The very initiation of the criminal prosecution vis-"-vis the petitioner is under challenge on the ground that he is not involved in the alleged ill-treatment and there has been no specific allegation against him in Annexure-1 either. In other words, according to the petitioner, the investigation was not properly conducted and mechanically the chargesheet was filed against him and therefore, the criminal proceeding in G.R. Case No.413 of 2012 is liable to be quashed.
(3.) Heard Mr. Das, learned counsel for the petitioner and Mr.Mishra, learned ASC for the State-opposite party No.1. No one appears for opposite party No.2 despite notice through paper publication.