SUBRAT KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Subrat Ku.Pradhan @ Bulu for quashing the impugned order dated 02.11.1999 passed by the learned J.M.F.C., Banpur in G.R. Case No. 176 of 1999 in taking cognizance of offences under sections 498-A/304-B/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act and issuance of process against him. The said case arises out of Banpur P.S. Case No. 96 of 1999.

(2.) The first information report was lodged by one Biranchi Narayan Baral of village Baradi (Hari Kunda) at Nachuni Outpost which was forwarded to the officer in charge of Banpur Police Station for registration and accordingly Banpur P.S. Case No. 96 of 1999 was registered on 05.07.1999 under sectiona 498-A/304-B/302/34 of the Indian Penal Code and section 4 of Dowry Prohibition Act against the petitioner and three others namely Ashok Kumar Pradhan, Bansidhar Pradhan and Subani @ Swarnalata Pradhan.

(3.) During course of investigation, the Investigating Officer examined number of witnesses from the paternal side of the deceased and the dead body was sent for post mortem examination and after completion of investigation, finding prima facie case against the petitioner and other co-accused persons, charge sheet was submitted under sections 498-A/304-B/302/34 of the Indian Penal Code and section 4 of Dowry Prohibition Act.