LAXMI DEI Vs. BHABESH CHANDRA MOHANTY
LAWS(ORI)-1988-12-11
HIGH COURT OF ORISSA
Decided on December 06,1988

LAXMI DEI Appellant
VERSUS
BHABESH CHANDRA MOHANTY Respondents


Referred Judgements :-

HARERAM SATPATHY VS. TIKARAM AGARWALA [REFERRED TO]



Cited Judgements :-

KIRTAN SWAIN VS. GADADHAR PALLAI [LAWS(ORI)-1989-9-31] [REFERRED TO]
BANCHHANIDHI SINGH VS. STATE OF ORISSA [LAWS(ORI)-1989-7-13] [REFERRED TO]


JUDGEMENT

S.C.Mohapatra, J. - (1.)- Havin failed in revision before the learned Sessions Judge, petitioner has filed this application to quash the direction issued by the learned Magistrate for having committed offences under sections 426, 447 and 506, I.P.C.
(2.)Opposite party lodged information before the Officer-in-charge, Bhadrak town Police Station on 7.4.1986 against one Sravan Kumar and the petitioner. Charge sheet was filed against Sravan Kumar alone and cognizance was taken on 8.7.1986. After framing of the charges, informant filed an application in the court of Sub-divisional Judicial Magistrate to issue process against the petitioner also. The same was allowed. Against the order, petitioner filed revision and learned Additional Sessions Judge, Bhadrak dismissed the same. Hence, this application
(3.)It is submitted by the learned counsel for petitioner that the investigating agency has been satisfied that there is no case against the petitioner. Learned Magistrate ought not to have issued process against the petitioner, who is a widow and she is likely to be harassed by facing the trial and, accordingly, the proceeding ought to be quashed.


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