TUTU @ BASANTA SWAIN Vs. BIPIN BIHARI PARIDA

JUDGEMENT

(1.) IN this CRLMC, arising out of a petition under Section 482 of Code of Criminal Procedure the Petitioner challenged the order dated 17.05.2007 passed by the learned J.M.F.C., Nimapara in I.C.C. Case No. 203 of 2006, taking cognizance of the offence under Section 302 of I.P.C. and issuing Non -Bailable Warrant of Arrest against him.

(2.) SUCCINCTLY stated, the fact giving rise to the present case is that on 25.01.2004, the daughter of the opposite party (complainant), Bijayalaxmi Parida, aged about 20 years went to take bath in the pond adjacent to the backward of his house. As there was delay in her returning back, his mother, Basanti Parida, went in quest of her and found her lying in the pond in an unconscious state. So, she raised hullah, hearing which, opp. party with his family members and some outsiders arrived at the spot and shifted Bijayalaxmi to Astaranga Hospital, but the doctor declared her brought dead. It was alleged by the opp. Party that one Dilip Parida disclosed before him that he saw the Petitioner running away from the pond in question with mud over his entire body. So, opp. party reported the incident before the O.I.C., Astaranga Outpost, but since no step was taken by him, he wrote a petition to the S.P., Puri, who directed the O.I.C., Kakatpur P.S. to register the petition as an U.I. case and enquire into the matter. Accordingly, the O.I.C. registered the petition as U.I. case No. 197 of 2004 and enquired into the matter. After enquiry, the O.I.C. submitted final report, holding that there was love affair between the Petitioner and the deceased and when the marriage proposal between the deceased and the Petitioner was turned down by the family members of the latter, the deceased committed suicide by drowning in the pond.

(3.) BEING aggrieved with the said order of taking cognizance under Section 302 of I.P.C. and issuing N.B.W. of Arrest against him, accused No. 1 (Petitioner) filed the present CRLMC under Section 482 of Code of Criminal Procedure