DINESH DIPTIMAY NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, hereinafter referred to as "the Code") seeks to annul the order dated 23.12.2006 passed by the S.D.J.M., Udala, in G.R. Case No.339 of 2005 taking cognizance of the offences under Sections 307/363/34 IPC against the petitioner and opp. party nos.3 and 4.

(2.) Heard Mr R.N. Biswal, learned counsel for the petitioner, Mr B.N. Bhuyan, learned Addl. Standing Counsel for the State-opp. party and Mr D.K. Mishra, learned counsel for opp. party no.2.

(3.) The recorded facts disclose that on 13.12.2005 an FIR was lodged with the Khunta P.S. by opp. party no.2 herein alleging that on 7.12.2005 his son Shri Abhijit Behera on being called by the petitioner accompanied him in a scooty/motorcycle. At about 12.45 A.M. in the night while the informant was sleeping, Dillip Kumar Nayak the father of the petitioner and others informed him that his son (Abhijit) had fallen down from the scooty, whereafter he along with Dillip Nayak and his companions went in search of Abhijit and eventually found the scooty parked at Brundagadi Chhak. As the informant could not locate his son nearby, he continued with the search and in the next morning got the information that he (Abhijit) had been admitted in Khunta P.H.C. in seriously injured condition. The informant thereafter rushed to the hospital and on medical advice the victim was shifted to Baripada and eventually to Kalinga Hospital, Bhubaneswar. According to the prosecution, after four days, Abhijit having regained his consciousness the FIR was lodged.