KAMALAKANTA PALKIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court under Section 482 CrPC the petitioner, assails the order dated 19.7.2005 passed by the Asst. Sess. Judge, Gunupur in C.T. No.8 of 2005. The said C.T. Case has been initiated on the basis of an FIR alleging commission of offences under 376/498-A/506 Indian Penal Code by the accused-petitioner. After investigation charge-sheet was filed and the Court below has taken cognizance of the aforesaid offences. Thereafter a petition was filed by the accused-petitioner under Section 227 CrPC to discharge him in the case. The Court below by the impugned order while disposing of the said petition framed charge against the petitioner for alleged commission of offence under Section 376 Indian Penal Code.

(2.) According to the learned counsel for the petitioner the allegation against the petitioner having committed offence under Section 498-A Indian Penal Code coupled with Section 376 Indian Penal Code is a misnomer, inasmuch as while the informant claims to be the wife of the petitioner, at the same time has alleged the petitioner having been raped her. As no prima facie case is made out, the Court below should not have framed charge under Section 376 Indian Penal Code against the petitioner.

(3.) Learned counsel for the State at the other hand strongly repudiated the submission of the learned counsel for the petitioner and stated that the impugned order itself reveals that the Court below after discussing the materials available on record has framed charge under Section 376 Indian Penal Code and the said order does not suffer from any infirmity or illegality.