RAJENDRA BOHIDAR AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners Rajendra Bohidar, Manoj Kumar Bohidar, Aditya Kumar Panda, Kamlesh Srivastava and Surendra Bohidar have filed this application under section 482 of Cr.P.C., 1973 challenging the impugned order dated 30.04.2005 passed by the learned S.D.J.M., Padampur in G.R. Case No. 373 of 2004 in taking cognizance of the offences under Sections 306/294/506/34 of the Indian Penal Code and issuance of process against them.

(2.) On 10.09.2004 on the basis of the first information report lodged by one Chandra Sekhar Mishra before the officer in charge, Paikamal Police Station, Bargarh, Paikamal P.S. Case No. 87 of 2004 was registered under Sections 341, 294, 506, 306 read with Section 34 of the Indian Penal Code. After completion of investigation, charge sheet was submitted only under Sections 294/34 of the Indian Penal Code. The Investigating Officer has been pleased to observe in the charge sheet that no evidence for the allegation under Sections 341/506/306 of the Indian Penal Code was found against the accused persons.

(3.) In spite of submission of charge sheet only under Sections 294/34 of the Indian Penal Code, the learned S.D.J.M., Padampur after perusal of the charge sheet and statements of witnesses found sufficient materials under Sections 306/294/506/34 of the Indian Penal Code and accordingly passed the impugned order.