KULAMANI BEHERA AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under section 482 of the Criminal Procedure Code has been filed by the petitioners challenging the impugned order dated 12.01.2005 passed by the learned S.D.J.M., Sadar, Cuttack in G.R. Case No.719 of 2003 in taking cognizance of the offences under sections 447 , 341 , 323 , 294 , 506 read with section 34 of the Indian Penal Code and section 3 of the S.C. and S.T. (P.A.) Act and issuance of process against them. The said case arises out of Lalbag P.S. Case No.97 of 2003. The petitioner no.1 died during pendency of this application and therefore, the application so far as the petitioner no.1 is concerned has become infructuous.

(2.) It appears that the informant Mamata Sethi of Seikh Bazar lodged the first information report before the Inspector in charge of Lalbag police station on 22.05.2003 against three accused persons including the petitioner no.2 for commission of different offences. Accordingly, Lalbag P.S. Case No.97 of 2003 was registered under sections 447 / 341 / 323 / 294 / 506 / 426 / 354 / 34 of the Indian Penal Code and section 3 of the SC and ST (PA) Act.

(3.) It is stated in the first information report that on 22.05.2003 at about 8.00 a.m. the accused persons forcibly entered into the land of the informant and started digging earth and when the informant restrained them, the accused persons abused the informant in filthy language and also in the name of her caste. It is further stated that the accused persons outraged the modesty of the informant and co-accused Kulamani Behera brought a match stick and attempted to set fire to the informant but the informant shouted and her parents-in-laws came outside and took her inside the house. It is further stated in the first information report that the accused persons destroyed some fruit bearing trees of the informant and abused the family members of the informant in filthy language. It is further stated that the informant is a widow and she belonged to scheduled caste and when she complained before the gentlemen of the locality, they advised her to approach the police and accordingly, the F.I.R. was lodged challenging the impugned order of taking cognizance.