ALI KHAN Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THE victim lady has appeared through counsel. Though the matter was listed for admission, with consent of the counsel for the parties, it is taken up for final disposal.

(2.) HEARD counsel for the Petitioner, the learned Counsel appearing for the State and the counsel appearing for the victim lady.

(3.) ON perusal of the injury report, which indicates that the injury which the victim lady had sustained is simple in nature, I am of the opinion that instead of taking cognizance under Section 307/34 IFC, the learned Magistrate should have taken cognisance under Section 223/34 IPC which is compoundable.