LAXMIDHAR NAIK AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioners Dr. Laxmidhar Naik and Lalitendu Naik, who are the father and son, with a prayer to quash the order dated 10.11.2004 passed by the learned Assistant Sessions Judge, Nimapara in adding the petitioners as accused in S.T. Case No.9/173 of 2002 invoking power under section 319 Cr.P.C.

(2.) The prosecution case, as per the First Information Report lodged by one Ramesh Chandra Behera (P.W.1) before the Officer in Charge of Nimapara Police Station on 22.07.1994 is that on that day at about 2.00 p.m., accused Nityananda Rana and his two sons namely, Naba Rana and Kusa Rana chased one Pravakar Barik holding knife to kill him on river embankment and as some persons arrived there, the accused persons left that place and went towards their village. On the same day during the evening hours at about 7 O' clock, while Pravakar Barik was passing on the village road, accused persons Nityananda Rana, Chaitanaya Rana, Naba Rana and Kusa Rana obstructed him and abused him in filthy language and all of them assaulted Pravakar Barik by means of lathi. At that point of time, the petitioners arrived at the spot and instigated Nityananda Rana to kill Pravakar Barik and they also instigated Chitanya Rana to set fire to his own house and falsely entangle the co-villagers in a case.

(3.) The learned Trial Court framed charge on 26.07.2004 under sections 341/ 323/ 326/294/34 of the Indian Penal Code against accused Sanatan Sahu, Chaitana Rana and Nityananda Rana.