TAUDU KONDAGORI AND OTHERS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. J.R. Dash, learned counsel for the petitioners and Mr. Dillip Kumar Mishra, learned Additional Government Advocate for the State. The petitioners have challenged the order dated 28.09.2016 passed by the learned Additional Sessions Judge, Rayagada in C.T. No.06 of 2016 in dismissing the discharge petition under section 227 Cr.P.C. filed by the petitioners.

(2.) It appears that the case was instituted on 02.09.2015 on the First Information Report submitted by Bikram Bihari Jayapuria, S.I. of Police, Kalyansinghpur Police Station before the Inspector in Charge of the said police station, on the basis of which Kalyansinghpur P.S. Case No.64 of 2015 was registered under sections 147, 148, 302, 506, 201 read with section 149 of the Indian Penal Code and sections 4 and 6 of the Odisha Prevention of Witch Hunting Act, 2013 (hereafter '2013 Act'). After completion of investigation, charge sheet was submitted on 30.12.2015 under sections 147, 148, 302, 506, 201 read with section 149 of the Indian Penal Code and sections 4 and 6 of the 2013 Act against the petitioners.

(3.) At the stage of framing of the charge, a petition was filed by the petitioners before the learned Trial Court under section 227 of Cr.P.C. which was opposed to by the learned counsel for the State.