NINA Vs. STATE OF ODISHA

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 praying for quashing of the criminal proceeding initiated against the present petitioner in G.R. Case No. 1069 of 2012 (A), arising out of Darghabazar P.S. Case No. 65, dated 28.7.2012, under Section 302/364/ 323/294/ 12OB(1)/500 IPC, pending in the Court of learned S.D.J.M. (S), Cuttack and the order of cognizance passed therein.

(3.) The brief facts of the prosecution case is that on 28.7.2012, at about 11 p.m., one Ganesh Sahoo lodged a written report before the LLC, Dargha Bazar Police Station, Cuttack, which was registered as Darghabazar P.S. Case No. 65 of 2012, under Sections 302/279/120B/323/ 294/34 IPC, alleging therein that on the same day while the deceased Ramesh Sahoo was proceeding with his fast food trolley, at that time the accused Lokanath Mohapatra was coming in his Tata ACE vehicle and dashed the fast food- trolley of the deceased Ramesh Sahoo. Thereafter the accused Lokanath Mohapatra got down from the vehicle and assaulted the deceased Ramesh Sahoo and when the informant, who is the brother of the deceased intervened, the accused Lokanath also assaulted him. It was alleged that after some time the accused Babuni Singh along with the present petitioner took the deceased Ramesh with him to the Dharmasala lane, in order to resolve the dispute. It was further alleged that when the deceased along with others arrived at near the spot, the accused Lokanath Mohapatra concealed himself and according to his pre-plan, attacked the deceased by means of sharp edged weapon, causing bleeding injuries on his body. It was further alleged that thereafter the deceased was shifted to City Hospital and subsequently he was declared dead. Basing upon such report, the IIC, Dargha Bazar Police Station registered the case and started investigation.