BUBNA NAYAK Vs. STATE OF ORRISA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Addl. Government Advocate.

(2.) In this case the petitioner has challenged the registration of a subsequent case on the First Information Report lodged relating to an incident for which earlier a First Information Report was already lodged.

(3.) The brief facts of the case are that a First Information Report was lodged on 24-4-2003 at Khandapara Police Station which was registered as First Information Report No. 47 of 2003 under Sections 448/294/323, I.P.C. corresponding to G. R. Case No. 77 of 2003 pending in the Court of J.M.F.C., Khandapara. Thereafter a charge sheet was submitted by the Investigating Officer and the learned Magistrate has taken cognizance thereon vide Order dated 16-5-2003 for the offences punishable under Sections 448 / 294/323, I.P.C. After lodging the First Information Report dated 24-4-2003, the complainant lodged another First Information Report of the same incident, which was registered as First Information Report No. 56 of 2003 for the offence punishable under Section 376, I.P.C. corresponding to G. R. Case No. 92 of 2003. The same was lodged on 14-5-2003. In the earlier First Information Report, the allegation of rape was not there. But in the subsequent First Information Report it has been alleged by the complainant that she was raped by the petitioner at the time of incident.