KARTIK @ KARTIK CH. DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under section 482 of the Code Criminal Procedure has been filed by the petitioner Kartik @ Kartik Ch. Das challenging the impugned order dated 28.10.2006 of the learned J.M.S.C., Balasore passed in Criminal Trial No.806 of 2003 which arises out of Basta P.S. Case No.71 of 2003 in rejecting the application under section 173(8) of Crimial P.C. filed by the petitioner for further investigation of the case.

(2.) The petitioner filed a complaint petition in the Court of learned S.D.J.M., Balasore which was registered as I.C.C. Case No.388 of 2002 against three accused persons. The learned S.D.J.M., Balasore sent the complaint petition to the officer in charge of Basta Police Station for registration of the F.I.R. and for investigation. Accordingly, Basta P.S. Case No.71 of 2003 was registered on 14.06.2003 under sections 294/323/324/506/34 of the Indian Penal Code and section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter '1989 Act'). After conducting investigation, charge sheet was submitted on 110.2003 under sections 294/323/506/34 of the Indian Penal Code. The charge sheet was placed before the learned S.D.J.M., Balasore on 20.10.2003 who has been pleased to take cognizance of the offences under sections 294/323/506/34 of the Indian Penal Code and issued process against the accused persons.

(3.) The petitioner filed a petition under section 173(8) of Crimial P.C. for further investigation which was rejected by the impugned order.