HARIHAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned Addl. Standing Counsel appearing for the State.

(2.) The petitioners in this Cri. Misc. Case under Section 482 of the Cr.P.C. have prayed for quashing of the proceeding in GR Case No. 2320/2005 arising out of Jatni PS Case No. 158/2005 pending before the learned SDJM, Bhubaneswar. It is stated by learned counsel for the petitioners that charge-sheet in the case has already been filed on 20.9.2005 under Sections 341, 294, 506 & 307 of the IPC read with Section 34 of the IPC. The grievance of the petitioners is that offence under Section 307 from the facts and circumstances of the case and the medical report which was obtained on police requisition after examination of the injured is not at all attracted and the police has intentionally added this Section with a view to harass the petitioners. It is also submitted that at best the petitioners could be charge-sheeted under Section 325 of the IPC as there is admittedly a fracture injury on the left leg of the injured and there is no injury on any vital part of the body of the injured as no blow was dealt on any vital part of the body. It is further submitted by him that since there is a mention in the FIR that a blow is dealt on the head of the injured perhaps charge-sheet has been submitted under Section 307 of the IPC.

(3.) I have perused the injury report and found that there is no other injury than the two injuries on the left leg which is a fracture injury and another swelling which was not accompanied by the fracture on the hand of the injured. In the circumstance, it appears that there is no occasion of charge- sheeting the accused under Section 307 of the IPC which is an offence for attempting to commit murder.