RABINARAYAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) - Heard.

(2.) On consent of both the parties this petition under section 482 of the Code of Criminal Procedore. 1973 (in short the Code) is disposed of at the stage of tearing on admission.

(3.) Order dt. 21-2-1994 in G.R. Case No. 617/92 of the Court of the J.M.F.C., Salipur vide which learned Magistrate took cognizance of the offence under sections 306/493. I.P.C. and issued N.H.W.A. against the accused persons is under challenge in application. Learned counsel for the petitioner states that evidence collected during investigation does not make out a prima-facie case against the petitioner for the offences under sections 306/ 493. I.P.C. and learned J.M.F.C. without due application of mind mechanically accepted the charge-sheet and took cognizance of the said offences and also issued N.B.W.A. against hill). He however argues that the application be disposed of with a direction to the lower court to hear the petitioner in that matter in accordance with the ratio in the case of K.M. Mathew v. State of Kerala and another. He further states that petitioner had no knowledge or information of pendency of such a case against him hence he could not approach the Court earlier.