KAMALAKANTA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under section 482 of the Code Criminal Procedure has been filed by the petitioner Kamalakanta Nayak challenging the impugned order dated 11.10.2004 passed by the learned J.M.F.C., Basudevpur in I.C.C. Case No. 79 of 2004 in taking cognizance of offences punishable under sections 448/354/376/511/506 of the Indian Penal Code and issuance of process against him.

(2.) It appears that the opp. party no.2 Smt. Bharati Nayak filed the complaint petition on 31.08.2004 relating to the incident dated 26.08.2004 wherein she had alleged that in the absence of her husband, the petitioner entered inside her house, misbehaved with her and outraged her modesty and attempted to commit rape on her and when she cried aloud, the neighbours arrived at the spot and the petitioner fled away. The opp. party no.2 disclosed the incident not only before her husband but to others and also reported the matter to the Superintendent of Police who asked her to come on 30th Aug., 2004 but subsequently when the opp. party no.2 met the Superintendent of Police, he refused to register the case for which there was delay in filing the complaint petition.

(3.) After filing of the complaint petition, the initial statement of the complainant-opp. party no.2 was recorded and inquiry was conducted under section 202 Crimial P.C. during course of which witnesses were examined. The learned J.M.F.C., Basudevpur vide order dated 11.10.2004 after perusing the complaint petition, statements of the witnesses recorded under sections 200 and 202 Crimial P.C. came to hold that prima facie case is made out against the petitioner and that there is sufficient ground to proceed against him and accordingly, took cognizance of offences under sections 448/354/376/511/506 of the Indian Penal Code and issued process against the petitioner which is impugned in this application under section 482 Crimial P.C.