SUNAMANI ROUL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Sunamani Roul challenging the impugned order dated 31.01.2006 passed by the learned J.M.F.C., Salipur in G.R. Case No. 319 of 1999 in taking cognizance of offences under sections 302/304-A/34 of the Indian Penal Code and section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter "S.C. & S.T. (PA) Act") and issuance of process against him.

(2.) It is the prosecution case that on 04.07.1999 night at about 9.30 p.m., the accused Dhruba Charan Roula along with his wife Sanjua @ Sanjukta Roula committed murder of the deceased Madhab @ Madhaba Mallick at Paschimakhandabhola near his house by forcibly pushing the deceased to the charged electric line which was taken unauthorizedly from the house of accused Kuna @ Ratnakar Padhi and thereby the deceased came in contact with electric current.

(3.) Even though no charge sheet was submitted against the petitioner but when the matter was placed before the learned Sessions Judge -cum- Special Judge, Cuttack on 18.11.1999, the learned Court passed following the order:-