LAWS(ORI)-1999-11-25

BIMBADHAR SAHU Vs. SUSAMA SAHU

Decided On November 26, 1999
Bimbadhar Sahu Appellant
V/S
Susama Sahu Respondents

JUDGEMENT

(1.) HEARD .

(2.) COGNIZANCE order passed by learned SDJM, Berhampur in I.C.C.No. 52 of 1998 vide order dated 7.12.1998 and the order of rejection of the petition Under Section 204, Cr.P.C. filed by the present petitioners vide order dated 6.4.1999 in the said case are impugned Under Section 482, Cr.P.C. on the ground of illegality.

(3.) LEARNED counsel for the petitioners states that the photo identity card issued by the Election Commission goes to show that complainant is the wife of said accused Damburu Sahu and therefore the allegation regarding said accused utilising her for prostitution is prima facie improbable and not acceptable. Such a fact, as contended by the learned counsel for the petitioners, need not be ventured into in this proceeding Under Section 482, Cr.P.C. because the allegation cannot be regarded as improbable.