RAMESH @ JAGA PRADHA Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing of the criminal proceeding initiated against the petitioner in G.R. Case No.62 of 2012, corresponding to S.T. Case No.61/65/106 of 2013/12, pending in the Court of the learned 2nd Additional Sessions Judge, Khurda, for the offences under Sections 366/ 302/ 420/ 201/34 IPC and the order of cognizance taken therein.

(3.) IT was the further allegation of the complainant in the complaint petition that on reaching his house, the complainant came to know about the matter from his daughter -in -law and tried to arrange money for the purpose of marriage of his daughter. On 28.11.2011 morning, at about 9 A.M., he got information that his daughter Kantilata Biswal was lying dead on the railway track in between village Biribadi and Chhakodipur. He rushed to the spot with the villagers and found the dead body of his daughter lying on the railway track. On recovery of the dead body, Nirakarpur GRPS Out Post U.D. Case No.27, dated 28.11.2011 was registered and post -mortem was conducted. Thereafter, the dead body was handed over to the complainant. As the written report of the complainant was not received by the Tangi Police Station, he has approached the learned Magistrate by way of complaint. Learned S.D.J.M., Khurda, sent the complaint in ICC No.484 of 2011 to the IIC, Tangi Police Station, to register the same as an FIR and investigate the case. Accordingly, Tangi P.S. Case No.16 of 2012 was registered against Sudhir Subudhi and the present petitioner under Sections 366/ 302/ 34 IPC. The police after investigation submitted charge sheet before the learned S.D.J.M., Khurda, for commission of offences under Sections 366/302/201/34 IPC and the learned Magistrate, vide order dated 4.6.2012, took cognizance of the same.