KANHU BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed challenging the order dated 12.6.2003 passed by the 'learned J.M.F.C., Narasinghpur in G.R.Case No. 3 of 2003 taking cognizance of the offences under Sections 498 -A, 304 -B, 302, 201/34, IPC and Section 4 of the D.P.Act.

(2.) BASING on an FIR lodged by one Basanta Kumar Pradhan, Kanpur P.S.Case No. 2 of 2003 was registered, investigation was conducted and charge -sheet was submitted for the offence under Sections 498 -A, 304 -B, 302, 201/34, IPC and Section 4 of the D.P.Act. Learned J.M.F.C., Narasinghpur after perusing the materials produced by the prosecution, took cognizance of the above noted offences and directed issue of process against the accused persons including the petitioner. Aggrieved, the petitioner has filed this application for quashing the order of cognizance dated 12.6.2003.

(3.) MR . Choudhury, learned Addl. Standing Counsel appearing for the State, on the other hand, submits that the FIR as well as in the statement of the informant and witnesses, reveal a clear prima facie case for the alleged offences and also show the complicity of the petitioner in those offences and so the order of cognizance is sustainable and can't be quashed.