RABI NARAYAN OJHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner is the accused in G. R. Case No. 523 of 2001 of the Court of Judicial Magistrate First Class, Jaipur Road arising out of Korei P. S. Case No. 115 of 2001. Admittedly, the alleged offence are under Sections 376 and 506 I. P. C. for which charge-sheet has been filed. Petitioner has filed this application under Section 482, Cr. P. C. to quash the aforesaid criminal proceeding on the ground that the allegation in the F. I. R. is false and fabricated and that in the meantime the prosecutrix has filed an affidavit mentioning that a false report was submitted at the instance of her family members because of their dispute with the accused and that the petitioner did not ravish her.

(2.) When the application under Section 482 Cr. P. C. was taken up for admission the said prosecutrix suo motu appeared and filed that affidavit. It reveals from the order sheets that when this Court directed for personal appearance of the prosecutrix to find out about genuineness in that affidavit, at first, she sought for adjournment on the pretext of pregnancy and later on she avoided to appear. Therefore, her personal appearance was not further insisted.

(3.) Notwithstanding the above noted fact situation petitioner reiterated his claim of emergency and quashing of the criminal proceeding on the basis of the above noted affidavit of the prosecutrix. In support of his contention, petitioner relied on the case of Betu alias Bijan Kumar Nayak v. State of Orissa, 2001 (2) Ori LR 433.